The growing number of challenges and burdens involved with eDiscovery has yielded a proportionately large number of potential solutions. The Civil Rules Advisory Committee of the U.S. Judicial Conference discussed one of these potential solutions, revising rules regarding preservation and sanctions in e-Discovery, in its meeting last week. Defense attorneys argue that strengthening preservation rules will relieve some of the difficulties of eDiscovery for their clients.

Philip N. Yannella, a partner in Ballard Spahr’s E-Discovery and Data Management practice, suggested more definitive proportionality rules while also recommending that judges “breathe more life” into existing cost shifting rules. He proposed that courts set a benchmark ratio for the cost of discovery versus the cost of the total amount in controversy. Mr. Yannella cited technology as the primary tool for improving eDiscovery. The courts, he noted, have suggested that they are willing to explore various forms of technology in the discovery space, but that more direction is necessary.