Lieff Cabraser partner Annika K. Martin worked on the drafting team for “The Sedona Conference Commentary on Proportionality in Electronic Discovery,” which was recently published in The Sedona Conference Journal, Volume 18. Ms. Martin also serves on the Steering Committee of The Sedona Conference’s Working Group 1, which focuses on Electronic Document Retention and Production.
The new Commentary provides analysis and guidance on how to achieve proportionality in civil discovery in order to maximize efficiency and avoid disputes. The Commentary also discusses the evolving practical ramifications of the 2015 amendments to the Federal Rules of Civil Procedure that included the proportionality factors in the scope of discovery, with citations to recent case law applying the amended Rules.
The Commentary reflects a consensus-driven approach to providing reasonable guidance on the application of proportionality standards that should enable common sense discovery practices and further the objective of the Federal Rules. It is the product of several years of work by Ms. Martin and the other members of the The Sedona Conference WG1 drafting team. WG1 commissioned a diverse drafting team in 2015 to study the changes to the Federal Rules of Civil Procedure and collaborate on this Commentary regarding “the significant and evolving emphasis on proportionality” under the 2015 amendments. After the drafting team had finished its work, the Commentary was released for public comment, which resulted in numerous comments from practitioners, judges, and academics. The Commentary therefore reflects a broad and balanced perspective on best practices concerning proportionality in discovery.
Ms. Martin was appointed to the Steering Committee of Sedona Conference Working Group 1 in early 2017. The Sedona Conference provides a forum for advanced dialogue on some of the most challenging issues facing our legal system today, with WG1’s focus set on eDiscovery and electronic document retention and production in the context of litigation, dispute resolution, and investigations.
About the Sedona Conference
The Sedona Conference is a nonprofit research and educational institute dedicated to the advanced study of law and policy in the areas of antitrust law, complex litigation, and intellectual property rights. The mission of TSC is to drive the reasoned and just advancement of law and policy by stimulating ongoing dialogue amongst leaders of the bench and bar to achieve consensus on tipping point issues. TSC brings together the brightest minds in a dialogue based, think-tank setting with the goal of creating practical solutions and recommendations of immediate benefit to the bench and bar.
About Annika K. Martin
A partner in Lieff Cabraser’s New York office, Ms. Martin represents plaintiffs in class action and mass tort litigation, including plaintiffs with physical and economic injuries resulting from accidents involving GM vehicles sold with a defective ignition switch; patients nationwide suffering from the widespread outbreak of meningitis and other serious maladies caused by contaminated medication; and individuals and businesses across the Gulf Coast harmed by the blowout on the Deepwater Horizon oil rig in class action litigation against BP, Transocean, and Halliburton. She also serves on the Steering Committee of the Complex Litigation E-Discovery Forum.