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By Craig Ball
I wrote this four years ago, and didn’t post it. With the Rules amendments effective in just over two months, I thought it timely:
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.”
Proportionality sounds wholesome and virtuous, like “patriotism” or “faith;” but like those wholesome virtues, it’s sometimes the refuge of scoundrels.
Read the complete article at: Preservation and Proportionality