The Burden of Privacy In Discovery
Data Matters
SEPTEMBER 29, 2021
Should privacy be considered a “burden” under the proportionality analysis required by Federal Rule of Civil Procedure Rule 26(b)? 3 As a result, an emerging consensus of courts and commentators has concluded that privacy interests may — and indeed, should — be considered as part of the proportionality analysis required under Rule 26(b)(1).
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