The Burden of Privacy In Discovery
Data Matters
SEPTEMBER 29, 2021
11 As the Advisory Committee’s Note to the 1983 Amendment explained, the amended Rule sought to “prevent use of discovery to wage a war of attrition or as a device to coerce a party, whether financially weak or affluent.”12 held that privacy interests were an appropriate part of the proportionality analysis required by Rule 26(b)(1).46
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