Redaction In Discovery: The State Of Affairs In NY

Law360, New York (July 31, 2015, 12:12 PM EDT) -- Redaction is most commonly used to either withhold specific sensitive information as required by court rules, such as Social Security or telephone numbers, or to obscure privileged information when producing documents that contain both privileged and nonprivileged information. However, some practitioners have used redaction as a tool to withhold nonresponsive information from otherwise responsive documents.

The question of whether redacting for nonresponsiveness is permissible has been raised with increasing frequency given the demands of modern discovery. In particular, broad document requests have led to serious concerns on the parts of corporate litigants who are loath to reveal sensitive information to their...

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