Recent legal rulings have emphasized the importance of proportionality in the selection of custodians during e-discovery. The critical element under review is whether these additional proposed custodians possess unique relevant documents that are essential to a case. This approach favors the balance between the burden placed on the producing parties and the relevance of the documents sought for discovery.
Attorneys at Sidley suggest that producing parties should evaluate if the information already present in the record sufficiently demonstrates that these custodians have documents that are not otherwise likely to be produced. These decisions reinforce the need for careful analysis and strategic decision-making when determining which custodians are crucial to the discovery process.
For more insights into these recent court decisions, you can view the original article on Law360.