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NYC Bar Tackles Thorny Cross-Border Discovery Issues

July 19, 2018, 10:21 PM

Complying with U.S. discovery obligations that conflict with foreign data privacy laws can be unenviable task for corporations and their attorneys.

On the one hand, a company can be required to hand over data that is stored overseas during U.S. litigation. And on the other hand, it may break foreign rules—such as the European Union’s General Protection Data Regulation— by transferring the data to the U.S. and handing it to an adversary.

Currently there are few resources that specifically address how to navigate cross-border e-discovery issues. A new report from the New York City Bar Association’s E-Discovery Working Group may ...

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