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GW Discovery Proportionality Benefit-Burden Model Bench-Bar Conference

Mar 25, 2021 - Mar 26, 2021

Join the James F. Humphreys Complex Litigation Center as they host an online bench-bar conference, which will review the GW Discovery Proportionality Benefit-Burden Model. Twelve federal judges and 23 prominent practitioners and other experts will lead discussions with an expected audience of approximately 75-100 practitioners and discovery experts.

The conference will examine a work-in-progress discovery proportionality benefit-burden model, developed under the center’s auspices by teams  of lawyers and judges. The model’s structured methodology creates a new analytical framework, which is designed to enhance a party’s proportionality assessments, facilitate discovery negotiations with the opposing party, and better inform judicial resolution of discovery disputes. 

The model is a process that classifies custodians and their respective data sources into four broad categories by priority and discovery burden. Custodians with highest priority at lowest discovery burden are quickly identified. Under the model, a table of projected discovery costs for every custodian and every data source is developed to refine proportionality assessments. The model’s assessments can be adjusted periodically to account for evolving and new information learned through interactions and negotiations with opposing party. View an illustrative example of the model’s core features, its “heat map” and table of costs.

The conference will also feature a panel discussing statistical findings demonstrating that discovery that achieves lower recall rates than are now typically required will uncover all topics identified as being relevant in 90%-plus of cases.

Following the conference, the center will continue to refine the model and publish it for public comment. The center will also consider developing best practices promoting the use of the model as a standard proportionality-analysis framework for the bench and bar. Judges and practitioners attending the conference will be given the first opportunity to join teams drafting these influential class-action best practices and guidelines under the center’s auspices with assistance of its Scholars Council.

The conference is held under the Chatham House Rule: “(P)articipants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), or that of any other participant, may be revealed.”

A conference addressing e-discovery case-management practices is expected to be held annually. Experienced practitioners attending the conference will be considered to be invited as panelist speakers for a future discovery conference. The conference is made possible by lawyer conference-registration fees and the generous contributions of sponsors.


The registration fee is $299. On request, a deeply discounted group deal for up to five individuals is offered at $750.  If you would like to register a group, please email [email protected], and Navis will contact you with the registration template, along with the invoice for the group-registration fee.  Register here.


CLE will be applied for in New Jersey. Attorneys will receive a Certificate of Attendance and a completed Uniform Application for Accreditation form after the conference in order to submit CLE hours for your state.