The Sedona Conference Journal
The Burden of Privacy in Discovery
The 2015 amendments to the Federal Rules of Civil Procedure placed a renewed emphasis on proportionality in defining the scope of civil discovery. At the same time, there has been an increased focus, both in the United States and abroad, on protecting personal privacy. In this article, Robert Keeling and Ray Mangum argue that personal privacy may be considered as an aspect of proportionality in civil discovery and identify some practical steps that counsel should consider as a consequence.