Metropolitan Corporate Counsel Article: A Strategic Model For Negotiating Proportional E-Discovery Responses

Quantum’s Jeff Johnson has published the article “Seven Elements of Bulletproof Internal Investigations” in The Metropolitan Corporate Counsel magazine.


This article explains the correlation between the oft-cited goal of Rule 1 of the Federal Rules of Civil Procedure – to provide the “just, speedy and inexpensive determination of


every action” with the triple constraints of the project management triangle (Scope, Time and Cost). The Proportionality Triangle™ is explained as a strategic model for preparing for discovery negotiations by identifying potential positions and supporting arguments. It also discusses the Proportionality Worksheet and how the Proportionality Triangle can serve as a framework for a structured series of role-playing exercises to sharpen e-discovery negotiating skills.
Due to the many ESI collection, processing, search, decryption & TAR options available in any discovery matter, Quantum specializes in consulting with parties from a technical perspective regarding the framework set forth in Federal Rule 26(b)(2) to settle upon an approach that is proportional to the needs of the case, the amount in controversy, the parties’ resources, and the importance of the proposed discovery in the matter.