“Is There Any Right to Privacy in Modern Discovery?”

Presented by

Professor Allyson Haynes Stuart, Charleston School of Law, Ralph Losey, Losey PLLC and Mary Mack, EDRM

About this talk

Webinar Discussion with Professor Allyson Haynes Stuart, Ralph Losey and Mary Mack on Professor Stuart's article, The Right to Privacy in Modern Discovery. EDRM's own Ralph Losey liked the article so much, that he wrote a three-part blog about it published on EDRM: Part 1, Part 2 and Part 3. The webinar will addresses the recent news headlines on discovery privacy and the bigger questions of whether "Privacy is Dead in the Internet Age?" The panel under Mary Mack's artful guidance will also discuss the impact of the Supreme Court's Dobbs decision and a possible amendment of Rule 26(b)(1), which is supported by Stuart and Losey to include Privacy as a proportionality factor. Finally, the panel will touch on the need for secrecy in both criminal and civil investigations, including formal discovery, and Losey's negative views on Pacer as a leaky ship that needs reform.

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