The Sedona Conference® Update: Addressing the Challenges of Cross-Border e-Discovery
Date: April 21, 2009
Duration: 60 minutes
Cross-border discovery represents a challenge for organizations required to gather relevant data in foreign jurisdictions – either from opposing parties or their own affiliated organizations. Discovery obligations often conflict squarely with blocking statutes and data privacy regulations that prohibit or restrict such cross-border data transfer. U.S. courts often have very little familiarity with foreign data privacy and protection regulations and tend to be skeptical of efforts to restrict the discovery of relevant information from a European parent or affiliate organization. Cross-border discovery has become a major source of international legal conflict.
This quarterly update from The Sedona Conference® provides an overview of the vastly different notions of discovery, data privacy and protection requirements facing organizations that conduct e-discovery involving electronically stored information (ESI) based outside the U.S. Key authors of The Sedona Conference® Framework for Analysis of Cross-Border Discovery Conflicts: A Practical Guide to Navigating the Competing Currents of International Data Privacy & e-Discovery - Public Comment Version discuss the following:
- Cultural differences between the U.S. and the rest of the world when it comes to issues of personal privacy
- Discovery differences in civil code versus common law jurisdictions
- How the courts (both inside and outside the U.S.) have addressed cross-border discovery conflicts
- Establishing a practical framework for analyzing the legal conflicts and scope arising from cross-border discovery of ESI
Moderator:
Carsten Casper, Research Director, Gartner Inc.
biographical information
Faculty:
M. James Daley, Esq., Partner, Daley Crowley LLP
biographical information
Kenneth Rashbaum, Esq., Director, Fios Consulting, Fios, Inc.
biographical information
Download the Webcast
Download the Podcast
Download the Webcast Slides