As courts continue to wrestle with Rule 26(b)(2)(B), a trend of parties using proportionality as a barrier to e-discovery production emerges. Under Rule 26(b)(2)(B), the Federal Rules of Civil ...

Rule 26 in the Courts The first arena in which today’s discussion focused was proportionality, the concept of which, noted Butterfield, “really runs through all of the rule or most of the rule ...