Since the Federal Rule amendments in 2015 re-emphasized proportionality as a principle in relation to discovery, organizations have struggled to manage the discovery process in a proportional yet defensible manner. What are the challenges with “right-sizing” discovery, what can be leveraged from the rules and relevant case law, and what best practices can be deployed for quick evaluation of potentially relevant custodians and data sources? This panel at the DRI Senior Living and Long Term Care Litigation seminar will address these questions while providing practical recommendations and resources for leveraging proportionality arguments in discovery.
1. Legal Principles: Proportionality Rules and Relevant Case Law
2. Proportionality Pitfalls: How Not to Make a Proportionality Argument
3. Strategies and Frameworks for Organizing Information to Successfully Engage in Proportionality Negotiations and Arguments
Jay C. Carle, Seyfarth Shaw, Chicago, IL
Ted J. McDonald, III, McDonald Veon PA, Overland Park, KS
Mandi Ross, Insight Optix, Chicago IL