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E-Discovery Under the GDPR: Tension With U.S. Rules and Avoiding Penalties for Noncompliance

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 Tuesday, October 2, 2018

Recorded event now available

or call 1-800-926-7926

This CLE course will offer suggestions to litigators to help them comply with the new GDPR during e-discovery. Now that the GDPR is in full effect, litigators in the United States must take steps consistent with the GDPR and recognize that possible significant penalties exist for failure to comply with the new regulations when conducting e-discovery.


Discovery of personal data held in the European Union (EU) has bedeviled U.S. litigants for some time. On the one hand, the U.S. Supreme Court has held that foreign statutes designed to thwart U.S. discovery efforts will not excuse noncompliance with U.S. discovery requests. On the other, EU privacy regulators now have the authority to impose significant financial sanctions on U.S. companies that fail to take proper steps to protect EU personal data. In short, efforts to obtain discovery from abroad often catch U.S. practitioners and litigants between a rock and a hard place.

Listen as our distinguished panel discusses the tensions that exist between U.S. law and the GDPR, as well as best practices for complying with the new EU regulations and avoiding unnecessary penalties and fines.



  1. Overview of the new requirements set forth by the GDPR
  2. Discussion of the GDPR’s impact on U.S. litigation and discovery practices
  3. Potential penalties associated with noncompliance
  4. Best practices for U.S. counsel to ensure compliance and avoid fines


The panel will review these and other important topics:

  • What new obligations does the GDPR impose on U.S. litigants conducting foreign discovery?
  • When are the new obligations triggered under the GDPR?
  • What are the penalties for noncompliance with the GDPR?
  • How can U.S. counsel ensure compliance and avoid penalties?


Armstrong, Jonathan
Jonathan Armstrong


Mr. Armstrong is an experienced lawyer with a concentration on technology and compliance. His practice includes...  |  Read More

Brownstone, Robert
Robert D. Brownstone

Technology & eDiscovery Counsel
Fenwick & West

Mr. Brownstone advises clients on information-security, data-privacy, electronic discovery, electronic information...  |  Read More

Levitt, Melinda
Melinda F. Levitt

Foley & Lardner

Ms. Levitt’s practice focuses on complex commercial litigation, including the areas of antitrust, securities,...  |  Read More

Sherer, James
James A. Sherer


Mr. Sherer is Chair of the firm’s Information Governance practice team and also serves as a member of the...  |  Read More

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