Reconciling U.S. Discovery Obligations with International Data Restrictions in U.S. Litigation
Businesses located in the U.S., or doing business in the U.S. are subject to U.S. court jurisdiction, and must “play by the rules” of U.S. litigation, including discovery rules. Such businesses, however, may have information relevant to the litigation, but located in other countries, where data privacy and other restrictions preclude transfer of the information to the U.S. for litigation purposes. Since companies operate on an international basis, and data increasingly is located in multiple jurisdictions, they are increasingly likely to come face to face with the conflict. That is why we enlisted two speakers with deep experience both in international privacy law and cross-border litigation to discuss a number of subjects that will assist firms and companies in planning for litigation that may involve international sources of data.
What core concepts are addressed?
1. Contrast between U.S. and international approaches to discovery.
2. Contrast between U.S. and international approaches to data protection.
3. U.S. approach to the conflict.
4. Suggestions from foreign regulators on the conflict.
5. Best practices.
Both presenters have deep experience in both cross-border litigation and international data privacy laws.
Steven C. Bennett is a partner with Park Bennett Jensen LLP . He is also an adjunct professor at Hofstra University and New York Law School, a member of the Sedona Conference Working Group 6, and a member of the New York State Bar Association Committee on ediscovery.
Kenneth N. Rashbaum is a partner with Barton LLP. He is also co-chair of the International Litigation Committee, ABA Section of International Law, adjunct professor of law at Maurice A. Deane School of Law at Hofstra University.