Hindsight Proportionality Is An Illogical And Meaningless Idea

By Jeannine Kenney, Nathaniel Giddings and Theodore DiSalvo (July 23, 2019, 7:59 PM BST) -- In their recent Law360 article, "2 E-Discovery Takeaways from FTC v. Qualcomm," authors Gareth Evans and Ben Barnes suggest, bare of any discussion of the case, that the Federal Trade Commission's use of purportedly few trial exhibits in Qualcomm (of the millions of documents produced during discovery), demonstrates that discovery must not have been proportional to the needs of that case. Why? Because, they argue, so few trial exhibits must mean that the "needs of the case were very limited."...

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