Michael C. Zogby, partner and co-chair of the Products Liability and Mass Tort Group and co-chair of the Pharma and Life Sciences Group, senior associate Jessica Brennan, and Kate Polera, Senior Manager in the Forensic & Integrity Services group at EY, presented an International Association of Defense Counsel Drug, Device and Biotechnology Committee continuing legal education webinar titled “Proportionality and eDiscovery: The New Tools of the Trade,” on August 29, 2018.
Mike, Jessica, and Kate discussed Federal Rule of Civil Procedure 26(b)(1), which was amended in December 2015 to require that discovery be “proportional to the needs of the case.” They spoke about effects of the Rule change, different courts’ interpretations of the Rule, and practical tips and considerations for attorneys as they apply the Rule. They provided guidance and insight on a number of “hot button” topics including assembling a “Discovery Team,” formulating and executing cost-effective and defensible preservation and discovery plans in the face of eDiscovery challenges, addressing privacy, GDPR, and accessibility hurdles, and identifying and using cost calculations and collection data to support burden and proportionality arguments. The program focused on the need to emphasize proportionality considerations from the moment a claim is received, through discovery and trial, and also discussed challenges facing multinational corporations, in-house counsel, and IT/business owners when responding to data demands. Jacqueline M. Simonovich assisted with preparing the presentation materials, which included the slides and the article Mike, Jessica and Jacqueline published on proportionality principles in For the Defense (May 2018).