I am the moderator of a Guidance Software / Inside Counsel webinar taking place today at 2.00pm ET / 11.00pm PT / 19.00 BST with the title International eDiscovery: data protection, privacy and cross-border issues.
I will be joined by Patrick Burke of Reed Smith, Scott Cohen of Winston & Strawn and Chad McManamy of Guidance Software. We will describe the basic elements of non-US data protection, explain how best to resolve the obvious conflict with US eDiscovery demands, and suggest practical ways of minimising the difficulties and the costs of dealing with cross-border eDiscovery.
My first ever cross-border eDiscovery session was done in the company of Patrick Burke many years ago, at a time when most US lawyers were still incredulous at the idea that foreign jurisdictions would not submit willingly to US eDiscovery demands. We have moved on a bit since then, evolving strategies both in-country and in the US courts. The starting point is to understand what the issues are.