European Union Discovery Presents Compliance Headaches for U.S. Litigants
Share
Reprinted with permission from The Legal Intelligencer, February 5, 2018.
Discovery of personal data held in the European Union (EU) has been an issue that has bedeviled U.S. litigants for some time. On the one hand, the U.S. Supreme Court has held that discovery of foreign documents is not barred by foreign privacy law. On the other hand, EU privacy regulators have threatened enforcement actions against U.S. companies that don't take proper steps to protect EU personal data in discovery. The result is that U.S. lawyers and litigants are often caught in a Catch 22 with regard to foreign discovery, forced to choose between sanctions by a U.S. court for failure to conduct discovery or sanctions from an EU regulator for conducting such discovery. Read More.
Copyright © 2018 by Ballard Spahr LLP.
www.ballardspahr.com
(No claim to original U.S. government material.)
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the author and publisher.
This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.