The Burden of Privacy In Discovery
Data Matters
SEPTEMBER 29, 2021
*This article first appeared on Judicature in Summer 2021. Should privacy be considered a “burden” under the proportionality analysis required by Federal Rule of Civil Procedure Rule 26(b)? 6 Even prior to the adoption of the Federal Rules in 1938, courts applied principles of proportionality to the cases on their dockets.7.
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