The Third Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference takes place from 12-14 March at the Sandra Day O’Connor College of Law, Arizona State University, Tempe, Arizona. The website, with programme and speaker list is here.
Speakers include US District Judge Shira Scheindlin and US Magistrate Judges John Facciola and Craig Shaffer as well as a list of well-known speakers from companies, law firms and litigation support providers. The program covers all the topics of the moment – data analytics, the proposed new Federal Rules of Civil Procedure, information management, cloud computing and the rest.
I am moderating a panel called Developments in Cross-Border eDiscovery – exploring the intersection of privacy, data sharing and compelled disclosure along with Jeff Nagel of Gibbons, Jamie Brown of UBS Warburg and Jerami Kemnitz of Shook Hardy & Bacon. It is a privilege to be asked to join such distinguished (and otherwise all-US) company and I am looking forward to it.
This time last year I quoted with approval an article by Gibbons on the then new Sedona International Principles. My article, called Cross-border Discovery – Federal Judge makes a monkey of the cheese-eaters, was a tirade against US courts who seemed to equate “American interests” with “the interests of the American party to the litigation” and who seemed to think that the laws of other countries were of no consequence. To show that mine was not entirely a UK-EU response, I referred to a Gibbons article which included the following:
And for the last twenty-five years, courts generally have not heeded that advice, giving short-shrift to the idea that foreign privacy or data protection laws must be enforced if the result is to limit discovery of relevant information. At the urging of lawyers and several influential organizations, that could finally be changing.
Balancing such competing interests, however, is critical to fostering a global economy, avoiding unnecessary international tension, and maintaining reasonable limits on the gathering and production of ESI. Now, 25 years after Aérospatiale, courts may be ready to listen.
The author of that article was Gibbons’ Jeff Nagel and it will be a particular pleasure to sit on a panel with him all this time later on the same subject.