The Burden of Privacy In Discovery
Data Matters
SEPTEMBER 29, 2021
10 At that time, it was aimed most squarely at curbing the types of duplicative, excessive, “scorched earth” discovery practices that were prevalent — i.e., at the problem of so-called “overdiscovery.”11 Private matters were discoverable by default, even where the privacy interests were significant and the relevance only marginal.
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