Conflicts Between GDPR and U.S. Discovery Rules: Navigating the Privacy-Protection Law Catch-22
Strategies for Avoiding and Mitigating Conflicting Obligations Between U.S. and Local Law
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide litigators in managing high-stakes clashes between U.S. discovery obligations and foreign privacy protection laws, primarily the EU's General Data Protection Regulation (GDPR). The panel will discuss the growing importance of foreign privacy laws in U.S. litigation, current approaches to privacy law objections to U.S. discovery, and strategies for navigating the irreconcilable duties under GDPR and U.S. discovery rules.
Outline
- The growing importance of GDPR in U.S. litigation
- Foreign privacy law objections in U.S. discovery
- Societe Nationale Industrielle Aerospatiale v. U.S. Dist. Court for the S. Dist. of Iowa, 482 U.S. 522 (1987)
- Hague Conventions
- Schrems II decision
- Vesuvius USA Corp. v. Phillips, cert. denied, 141 S.Ct. 2627 (2021)
- Strategies for navigating the conflict
Benefits
The panel will discuss these and other key issues:
- Who is governed by GDPR?
- What other GDPR-like laws create similar concerns abroad and in the United States?
- Does the location of data or individuals matter?
- Who is governed by U.S. discovery rules, and who can be compelled to produce data?
- What are the consequences of transgressing GDPR? U.S. discovery obligations?
- What can litigants and their counsel do to minimize the risks?
Faculty
Anna Mercado Clark
Partner, Data Privacy and Cybersecurity and e-Discovery Practice Teams Leader, Cryptocurrency and Blockchain Team Co-Leader
Phillips Lytle
Ms. Clark focuses on complex e-discovery and digital forensics, cybersecurity and data privacy, and complex commercial... | Read More
Ms. Clark focuses on complex e-discovery and digital forensics, cybersecurity and data privacy, and complex commercial litigation. As a former assistant district attorney, she also handles white collar criminal matters and investigations. Ms. Clark routinely counsels sophisticated clients on data governance issues to address business needs while minimizing risks and complying with a rapidly evolving regulatory landscape and other legal obligations. She has extensive experience advising businesses in the technology, consumer, health care and financial industries regarding information management and disposition policies, litigation readiness, data transfers, third-party/vendor negotiation and management relative to data administration, and disaster recovery and avoidance. As an experienced litigator, Ms. Clark is well positioned to identify and minimize litigation risks and assist with internal investigations, including managing digital forensic investigations. Additionally, Ms. Clark has successfully leveraged the latest technology, including AI and TAR, to streamline high-volume discovery, establish defensible document review workflows and minimize litigation costs. She regularly speaks at national and international conferences as a subject matter expert.
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David R. Cohen
Partner
Reed Smith
Mr. Cohen is the chair of the firm’s Records & E-Discovery Group. He has 30 years of commercial litigation... | Read More
Mr. Cohen is the chair of the firm’s Records & E-Discovery Group. He has 30 years of commercial litigation experience in a variety of subject matters. Mr. Cohen serves as special e-discovery counsel in many cases, represents companies in complex litigation matters, and also counsels clients on records management and litigation readiness issues. In addition, Mr. Cohen has designed and presented e-discovery training programs for judges and neutrals around the country; has authored numerous legal publications; and is a frequent presenter at continuing legal education seminars regarding e-discovery, technology and litigation tactics.
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Asélle Ibraimova
Counsel
Reed Smith
With experience working as in-house counsel in the tech and media industries before joining Reed Smith,... | Read More
With experience working as in-house counsel in the tech and media industries before joining Reed Smith, Ms. Ibraimova understands how businesses operate and the demands placed on in-house lawyers. Her focus is on providing practical, commercial advice that enables businesses to thrive. Ms. Ibraimova advises on data transfer solutions, representing both data controllers and processors, data breach and cybersecurity incident responses, and data commercialization and product launches. She also advises on technology transactions and complex outsourcing arrangements.
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