The Burden of Privacy In Discovery

The Burden of Privacy In Discovery - Judicature - Duke University

In this essay, Robert D. Keeling and Ray Mangum, a partner and associate, respectively, at Sidley Austin LLP, argue that privacy should be considered a burden ...

The Burden of Privacy in Discovery - The Sedona Conference®

A Right to Privacy for Modern Discovery

The second category giving rise to privacy protection for discovery is based on Supreme Court interpretation of the constitutional right to privacy in intimate ...

The Privacy Paradox in Discovery | Vanderbilt JETLaw

This Article proposes a revision to the civil discovery rules that would give explicit protection to information when it is subject to a reasonable expectation ...

The Right to Privacy in Modern Discovery: a review of another great ...

Under the discovery rules, there is no concept of “reasonable expectation of privacy.”267 A diary entry is perfectly discoverable if it is ...

141. Privacy Act—Relation to Civil and Criminal Discovery

The Privacy Act may be a direct bar to discovery under the Federal Rules of Civil and Criminal Procedure.

The Privacy-Protection Hook in the Federal Rules - Judicature

Accordingly, they argue, parties seeking to avoid discovery of relevant-but-private information may no longer need to seek a protective order under Rule 26(c) ...

Protecting your client's privacy in discovery - Advocate Magazine

I would pose an objection as follows: “Objection, relevance and privacy. Subject to that objection, Plaintiff has no felony convictions in the past 10 years.” ...

Protective Orders in United States e-Discovery: A Panacea for ...

However, although the United States allows substantial—some would argue excessive—discovery of data in civil litigation, the US Federal Rules of ...

How to Protect Your Client's Privacy & Your Case In Discovery

The court there noted that California courts have generally concluded that the public interest in preserving confidential information outweighs the interest of ...

The Revolution and Evolution of Discovery Disputes in the Digital Age

Discovery disputes increasingly center on the scope of discovery of electronically stored information and courts have begun to adjust to address ...

Social Media, Smartphones, and Proportional Privacy in Civil ...

At its core, the discovery process in civil litigation relies on a balance between open access to information and protections against over-reaching.

Rule 26. Duty to Disclose; General Provisions Governing Discovery

(B) Protection Against Disclosure. If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, ...

Court Rules Personal Privacy Interests May Impact Scope of ...

Wholesale discovery of text messages would also sweep in a variety of personal information that had nothing to do with the case, and that ...

PRIVACY PLEASE, DO NOT DISTURB: Proportionality and Privacy

As a result, some courts are now recognizing privacy as a consideration in determining whether the discovery sought is proportional to the needs ...

Proportionality, Pretrial Confidentiality, and Discovery Sharing

283, 285 (1999) (noting the frequent use of confidentiality in civil litigation). 2. Compare Richard L. Marcus, Myth and Reality in Protective Order. Litigation ...

Burdensome Discovery in Litigation: Definitions and Relief

A party has a right to seek evidence. It is the balancing of the right to discovery with the right to avoid unfair burdens that is the essence of the typical ...

When Personal Emails Become Discoverable | Articles - Finnegan

Parties who have been through discovery know that litigants often hotly dispute the bounds of what is discoverable. Many parties are extremely sensitive ...

The Effect of the General Data Protection Regulation on Discovery in ...

The GDPR may subject litigants in United States courts to discovery objections for the purpose (or possibly under the guise) of protecting EU citizens' privacy.

Privacy as Proportionality Under Rule 26(b)(1)

Keeling & Ray Mangum, The Burden of Privacy in Discovery, 20. SEDONA CONF. J. 415, 417 (2019) (“As a result [of the 2015 amendments to the ...