Proportionality Takes Hold In 2nd Circ.: Takeaways For 2017

Law360, New York (January 11, 2017, 9:36 AM EST) -- Elizabeth Del Cid

Soren Packer On Dec. 1, 2015, amendments to Rule 26(b)(1) of the Federal Rules of Civil Procedure took effect. The amendments aimed to accommodate the increasing prominence (and prodigiousness) of e-discovery by eliminating the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard and replacing it with a six-factor test that focuses on the burden and expense of producing relevant information in light of the parties’ resources and relative access to the information, as well as the importance of the information to the parties’ claims or defenses. District courts within the Second Circuit have issued...

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