A recent decision from the Western District of Arkansas reminds litigators that: (1) claims of undue burden must be supported by more than just conclusory allegations of a purported burden; (2) parties should interpose all applicable objections in their formal written responses and objections or risk waiver; and (3) courts take seriously preservation obligations whether

When litigants think of proportional eDiscovery, often one’s focus is upon the financial burden of the requested discovery (broad search terms, restoring backup tapes, etc.) relative to the amount in controversy and/or the likelihood of unearthing unique, relevant content. In a recent decision, we were reminded that determining what is proportional is not merely a