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(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.

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