David Walton, a member of Cozen O’Connor’s Labor & Employment Department, discusses how to more effectively manage the challenges of preservation, an integral part of the e-discovery process. David notes that communication of a preservation plan will be essential to the actual litigation process, stating “There’s no technological panacea for preservation. The best innovation I’ve seen clients use are process based on proportionality. Especially with the changes to the Federal Rules, and the focus on proportionality now applying to preservation, clients will need to use metrics and will need to articulate based on those metrics why something was or was not preserved based on proportionality.”
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