ARCHIVED CONTENT
You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.By Doug Austin
When it comes to eDiscovery topics, eDiscovery expert (and frequent thought leader interviewee on this blog) Craig Ball doesn’t hesitate to speak his mind and confront the (oftentimes) brutal truth. In Craig’s latest post in his excellent Ball in Your Court blog, he does so in spades.
In Preservation and Proportionality, Craig sets the stage with a graphic showing a Lady Justice statue with a thumb holding down one end of the scales (I like it!). He introduces the topic by stating:
“Litigants have been ignoring e-discovery obligations with impunity for so long they’ve come to think of it as an entitlement. Protected from predators, few have evolved. But now that opponents and courts are waking to this failure, those who’ve failed to adapt are feeling exposed. They don’t like it, and they want protection. They call it ‘proportionality.’