X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

(Maksym Yemelyanov – Fotolia)

Under Rule 26(b)(2)(B), the Federal Rules of Civil Procedure (FRCP) provide that, “[a] party need not provide discovery of electronically stored information (ESI) from sources that the party identifies as not reasonably accessible because of undue burden or cost.” With the revisions to Rule 26 in December 2015 and the inclusion of principles of proportionality into the analysis of the scope of discovery under Rule 26(b)(1), it was just a matter of time until proportionality considerations would be used as grounds for arguing that a particular data source may not be “reasonably accessible” because of the burden or cost to access.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2017 ALM Media Properties, LLC. All Rights Reserved.