Proportionality in e-Discovery 2021:

Courts Often Disfavor Full-Disk Imaging, But How Much is Too Much?

The collection and preservation of electronically stored information (ESI) remains a significant and costly pain point for organizations. Attorney review is often cited as the most expensive part of the e-discovery process—and it often is—but collection and preservation costs can be dramatic as well.

However, not preserving all your data and not conducting full-disk imaging in litigation matters risks spoliation and sanctions, right? Not exactly.

In this white paper, we will examine the concept of proportionality in e-discovery. We’ll look at case law and commentary on proportionality—and possibly save you some money—because it turns out full-disk imaging is not required for most e-discovery collections. In fact, courts often disfavor the practice.