Discovery Privacy Rules Flashcards
foreign discovery
no universal approach to addressing compliance conflicts between discovery and other legal binding requirements
society national industrially aerospaciale vs US Iowa
foreign status can’t override obligations to produce discovery in US courts
court should conduct nonexclusive 5 factor comity analysis to strike balance on disclosure
1. importance of litigation of documents/info requests
2. degree of specificity of request
3. whether info originated in US
4. available alternative means to secure info
5. extent noncompliance with request would undermine US interest or state info is located
sedona conference
attempt to reconcile competing disclosure obligations should be viewed under reasonableness standard and reverence should be provided under business judgement rule
public access to court records
1st amendment provides broad public right to access court proceedings
protective order- prevents disclosure of personal or other sensitive info as part of court proceedings (granted for good cause to protect person from annoyance, embarrassment, oppression, undue burden, expense)
required redactions court filing
certain sensitive pieces of info on documents used in courts must be redacted
court filing may only include
1. last 4 digits of SSN and tax id number only
2. year of birth
3. minors initials
4. last 4 digits of financial account number
privacy protection act of 1980(PPA)
law enforcement must use subpoenas to obtain materials used in 1st amendment protected activities (ex. newsroom work product materials and documentary materials)
documentary materials- main source material (photos and videos)
work product material- prepared in anticipation of communicating material to public (notes and mental impressions of journalists)
PPA exception
search is permitted if
1. probable cause to believe crime committed and materials relate to crime
2. seizure would prevent death or serious bodily injury
3.reason to believe documentary materials would be destroyed, altered, or concealed due to prior notice of subpoena
PPA enforcement
private cause of action against government (US and state)
US attorney general issues guidelines for procedures for investigation
reporter privilege- testimony
brazen burg v hayes
- reporter doesn’t have privilege to testify when compelled by grand jury subpoena
some lower courts recognize reporters privilege under 1st amendment if he or she is
- engaged in investigative reporting
- gathering news
- possessed the intent at the inception of news gathering processes to disseminate the news to the public
