Protective orders in the age of hacking

Authors: David Kessler, Alexander Steven Altman Publication | March 16, 2015
Published in: New York Law Journal

Discovery is a process whereby information relevant and responsive to a litigation is distilled from larger sets of data in the possession of the producing party. This responsive information becomes increasingly concentrated as the process moves from preservation to collection to culling to review. Finally, after essentially boiling off the irrelevant data, the concentrated responsive information is produced to the requesting party. The discovery process has also concentrated the value of the information being produced because, by removing the irrelevant, the production contains more information that is commercially sensitive or potentially embarrassing. Used inappropriately, the production could significantly injure the producing party.

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