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Statistical Sampling

By Howard Edson and Dean Gaida
February 28, 2014

The focus on proportionality in high-profile cases such as Apple v. Samsung (N.D. Cal. Aug. 14, 2013), coupled with the recent proposed amendments to the Federal Rules of Civil Procedure (FRCP) are driving attorneys to reevaluate the methods by which they uncover crucial electronic evidence for a case.

The proposed changes to the FRCP focus on proportionality, putting the burden on counsel to both maintain proportionality and ensure the thoroughness of an e-discovery effort. Statistical sampling, while not necessarily new, is emerging as a reliable method for addressing the new e-discovery standards the courts may soon be enforcing.

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