The eDiscovery frenzy that has gripped the American legal system over the past decade has become increasingly expensive. Particularly costly to both clients and the courts is the process of preserving and reviewing ESI. As a solution to these costs, many are emphasizing the concept of “proportionality.” Proportionality typically requires that the benefits of discovery be commensurate with its corresponding burdens.

Despite nearly universal agreement that eDiscovery should be governed by proportionality standards, there remains a polarizing debate that threatens to curtail the impact of proportionality. That debate is centered on disagreements over the scope of ESI preservation, the standard for permissible discovery and the use of cutting edge review technologies like predictive coding.

To better understand these issues and to explore feasible solutions, Philip Favro, Discovery Counsel at Symantec, will lead a lively discussion at LegalTech...