The starting point for any e-discovery is the rule of proportionality — a party should not be compelled to spend more to produce electronically stored information than the case is worth.

The 1st Circuit recently issued an en banc opinion that rejected the U.S.

By limiting the consequences of inadvertent production, Rule 502 of the Federal Rules of Evidence aimed to reduce the burden of conducting expensive preproduction privilege reviews. While the rule provided greater protection against waiver, it failed to deliver large cost savings.

A new rule proposed by San Francisco Superior Court would remind potential jurors not to blog, Tweet or conduct Internet research about cases. The need for the rule became clear to the court during a jury selection in a criminal trial, when an entire panel of 600 jurors had to be excused.