In E-Discovery: The Views from the Trenches, the National Law Journal surveyed litigators and vendors to get their perspectives on the top developments in e-discovery over the past year. A top response—predictive coding. But proportionality made a showing as well. As Gilbert Keteltas from Baker & Hostetler commented:
The emergence of technology-assisted review . . . should not be overstated. The handful of cases that show a willingness of courts to consider alternatives to traditional review do not bless the outcome of any technology-assisted review process. On the legal side, 2012 saw an even greater amount of judicial focus on proportionality in electronic discovery. . . . There is now a greater appreciation for the need to find documents that are relevant to the resolution of disputed matters rather than documents that are merely related in some way to the dispute.