"Protection of Personal Information as a Ploy to Defy Discovery," New York Law Journal January 26, 2016
“Demanding a plaintiff’s confidential personal information (CPI) is one of the most basic and fundamental actions taken by defendants in a variety of actions, ranging from personal injury to commercial disputes,” write Ellen H. Greiper and Scott P. Eisenberg of Goldberg Segalla’s Construction and General Liability Practice Groups. “The good-faith and valid reasons behind demanding this information surpass simply being meddlesome and further much more important goals.”
This piece for the New York Law Journal looks at how, and why, amending the Uniform Civil Rules of the Supreme and County Courts in the state to add 22 NYCRR §202.5(e) has given rise to unsettling trends related to all documents exchanged during discovery — and not just those filed with the courts, as the amendment specifically states.
“Had the drafters of 22 NYCRR §202.5(e) intended to shield the disclosure of such CPI, they would have expressly stated so in the section,” write Ellen and Scott. “They did not.”
Read the entire article here:
- Ellen H. Greiper and Scott P. Eisenberg, “Protection of Personal Information as a Ploy to Defy Discovery,” New York Law Journal, January 26, 2016