While criminal investigations respect suspects’ privacy by requiring authorities to have probable cause to examine documents stored in a place where there’s a reasonable expectation of privacy, civil discovery cases don’t grant the same protections, writes Foley & Lardner’s Matthew Lynch for Mondaq. However, Lynch writes, “discovery's evolution to address many of its recognized problems promise to also alleviate the unrecognized problem of unnecessarily broad invasions of litigant privacy.”
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