Thorny Cross-Border E-discovery Issues on the Rise

E-discovery obligations often conflict with international data privacy laws, creating headaches for the growing number of companies that store data abroad.

The New York City Bar Association’s E-discovery Working Group has reviewed state and federal case law pertaining to this emerging issue in order to create a best practices guide for litigators attempting to comply with domestic discovery rules that conflict with foreign privacy restrictions. ABA Section of Litigation leaders agree with the report’s emphasis on addressing potential data privacy challenges at the beginning of a case before they become unmanageable.