Proportionality

Practical considerations for litigating proportionality

It is not enough to present the court with a litany of numbers to quantify the volume of information sought.

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It is not enough to present the court with a litany of numbers to quantify the volume of information sought. To make an effective proportionality argument against a burdensome request, one should also provide quantitative and qualitative context for those numbers.

Key Takeaway

Proportionality not only weighs the burden, but also the relative need—or lack thereof—for the information itself.

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McGinn, Sakiyama, and Bartholomay, Practical Considerations for litigating proportionality, Law 360 (May 4, 2018)

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