Historically electronic discovery was often conducted en masse with large swaths of data being preserved and collected. Organizations frequently preserved all email indefinitely and collected entire mailboxes in response to litigation. Now under the updated FRCP, Rule 26 adds an emphasis on discovery proportionality where litigants are to conduct discovery in proportion to the size and characteristics of the case. The new Rules will shift many organizations to more selectively (granularly) preserve and collect individual content.
By Guest Blogger: Capax Discovery
