All posts tagged EDiscovery

The International Association of Privacy Professionals’ First Europe Data Protection Congress

I recently attended the International Association of Privacy Professionals’ (IAPP) very first Europe Data Protection Congress in Paris on November 29 and 30. The attendee list was impressive: Privacy professionals, employed by Fortune 500 companies from a wide variety of industries, like Hewlett-Packard, Lockheed Martin, Citigroup, Oracle, Western Union, Microsoft, IBM, Dell, Google, Yahoo, Estee […]

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Federal Court in NY Says EU Documents Containing Personal Information are Off Limits in Class Action Litigation

This post was written by Kevin Xu and John L. Hines, Jr. U.S. courts often disregard foreign data privacy laws in the context of discovery. Litigants sometimes find themselves compelled to produce under U.S. law what they are forbidden to produce under the privacy laws of another country. However, a recent U.S. court decision indicates […]

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Cloud Security and Privacy: A Legal Compliance and Risk-Management Guide, Part 1 and 2

In this two-part series, legal expert Robert McHale, author of Data Security and Identity Theft: New Privacy Regulations That Affect Your Business, provides a comprehensive overview of the legal security and privacy risks associated with cloud computing. Part 1 discusses the principal federal and state laws regulating cloud activities. Part 2 provides a practical due diligence […]

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E-Discovery Challenges in China

by Kevin Lo A complicated international anti-dumping case brought several U.S. lawyers and a team of e-discovery experts to a large industrial town in northeast China. They had come to interview senior executives and conduct a search of paper and electronic records at a major pharmaceutical company. During negotiations for the trip, the company said […]

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EU Cross Border Ediscovery, Standard Contractual Clauses, and Sub Processors: What Will Change on May 15, 2010?

How the New EU Rules on Data Export Affect Companies in and outside the EU by Dr. Thomas Helbing On 5 February 2010 the Commission of the European Union (EU) has updated the set of standard contractual clauses for the transfer of personal data to processors in non-EU countries. The old clauses are repealed with […]

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The French Data Protection Authority: Video Surveillance Images are “Personal Data”

POSTED ON MARCH 16, 2010 BY HUNTON & WILLIAMS LLP In a decision handed down on February 25, 2010, the French Constitutional Court ruled that the right to privacy derives from Article 2 of the Declaration of Human Rights, and is therefore considered a constitutional right under French law.  The Court also ruled that the legislature must […]

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US District Court’s Desicion Based on Inaccurate Interpretation of EU and German Data Privacy Laws

US District Court Requires Production of Overseas Data Notwithstanding  Applicable Foreign Data Protection Law by Joseph Baker, Andrew Nicely and Tim Wybitul Mayer Brown, LLP Many foreign countries have enacted privacy laws and “blocking” statutes that limit the disclosure of personal data and other information maintained within their borders. Violation of these statutes can result […]

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Musings on The Deep Cultural Divide between The US Ediscovery Tradition and The EU Privacy Protection Principles

by Chris Dale I expressed puzzlement recently at the high proportion of page views from the US over a period when most of my focus has been on the UK draft practice direction. I know, of course, that there is much US interest in developments in other jurisdictions, particularly the UK, and there is an […]

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Video is “Personal Data” under EU Data Protection Laws- Cross Border Ediscovery Implications of The Google Three Case

This week, an Italian magistrate convicted three Google employees for an Internet video that none of them had produced, uploaded, or even seen. The case arose from an Italian video that was uploaded in 2006 to Google Video, which showed a disabled child being bullied by other schoolchildren. An advocacy organization and the boy’s father in […]

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Cross Border EDiscovery

New French Case Removes Automatic Privacy Shield From Employee E-Mails, Making Them More Amenable to US Discovery by Trevor Jefferies and Alvin F. Lindsay: A new decision released on 8 January 2010 from the French high labor court (the Cour de Cassation Chambre Sociale) may provide some grounds for arguing that a party in France […]

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