E-Discovery and Document Retention of Information Located in the EU

Balancing the Competing Demands of E-Discovery Rules and EU Privacy Laws

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, November 29, 2007

Course Materials


Even in domestic litigation, parties may have to produce information housed in another country. Despite the convenience of electronic data storage, gathering information from EU involves unique challenges.

One concern with obtaining information sited in EU countries is that litigators face the dilemma of complying with the strict privacy laws of those countries while meeting discovery obligations imposed by U.S. courts. What are the best practices to resolve these often conflicting responsibilities?

As costly as it is to implement policies and procedures to meet the e-discovery requirements, the failure to do so is far more expensive if a court imposes sanctions, such as monetary fines, exclusion of witnesses or adverse instructions.

Listen as our authoritative panel examines the steps companies and counsel should take to preserve and produce data located in the EU, the conflict between U.S. discovery rules and EU privacy laws, and best practices



The panel will review these and other key questions:

  • What should companies be doing to preserve information under custody of foreign countries?
  • What are the best collection methods for transferring data from EU to non-EU countries?
  • What are the best practices for discovery of information housed in the EU?


Melissa L. Klipp
Melissa L. Klipp
Drinker Biddle & Reath

She advises clients on effective electronic retention policies and procedures, and focuses a significant portion of her...  |  Read More

Jeffrey Fowler
Jeffrey Fowler

O’Melveny & Myers

He is a member of the Class Actions, Mass Torts, and Aggregated Litigation Practice Group, and is a founding member of...  |  Read More

Edwin M. Larkin
Edwin M. Larkin

Winston & Strawn

He is an experienced commercial litigator who concentrates on complex matters in a wide range of areas including...  |  Read More