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 Increasingly, these tools include a number of privacy-oriented features such as encrypted and self-destructing messages.
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