In time of war, people tend to lose all sense of proportion. This is true when it comes to the kinds of domestic government measures they are willing to endorse during the “emergency,” which always ...

More than three years after their implementation, attorneys, courts, and litigants are still learning to navigate the new waters in Federal Rule of Civil Procedure 26. As a result of the 2015 ...

Proportionality-based eDiscovery is a goal that all corporate litigants seek to attain. Under Federal Rule of Civil Procedure 26(b)(1), parties may discover any non-privileged material that is ...

Over the past decade, proportionality has become a defining feature of federal discovery practice, particularly in the context of electronically stored information (ESI).

The hoary doctrine of “proportionality” from the “just war” theory is being sorely tested by the wars in the Middle East and Ukraine. The premise of this theory, as first expounded in the West by ...

Robert Goldman does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond ...

Vanessa Bailey, global director of IP policy at Intel Corporation, urges lawmakers to carefully balance the interests of different parties and the public when considering whether an injunction is an ...