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Federal E-Discovery: Forensic Examination Rejected as Not Proportional
August 2, 2022
Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “Forensic Examination Rejected as Not Proportional,” appeared in the August 2 issue of the New York Law Journal. The authors discuss a recent decision in the Northern District of Illinois that applied proportionality principles in its rejection of one party’s attempt to control the discovery process with an intrusive request. In Tireboots by Universal Canvas v. Tiresocks, rather than submitting the typical discovery request for the production of certain materials, the plaintiff filed a motion requesting direct access to the responding parties’ systems in order to conduct its own forensic investigation. Finding the plaintiff’s request to be an “extraordinary remedy” for the needs of the case, the court’s rejection of the motion upheld the guidelines of cooperative, proportional discovery as put forth by the Federal Rules of Civil Procedure. E-Discovery deputy chair and counsel Ross Gotler and e-discovery attorney Lidia Kekis assisted in the preparation of this article.
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