Tag Archives: Discovery

Chinese data security laws increasingly create roadblocks for litigants seeking discovery in U.S. courts

Two Chinese information security laws, the Data Security Law (“DSL”) and the Personal Information Protection Law (“PIPL”), are creating difficulties for parties involved in litigation in the United States seeking discovery materials stored in China. Both the DSL and the PIPL require data processors to obtain approval from the Chinese government before transferring any data … Continue Reading

GDPR vs. U.S. discovery: The conflict continues

Recent cases have highlighted the continued tensions between the GDPR and U.S. demands for discovery in the context of U.S. litigation and investigations. This issue can present a real concern for companies operating on both sides of the pond seeking to comply with obligations on either side. Whilst the GDPR provides EU citizens with valuable … Continue Reading

Sedona Conference® International Principles on Discovery, Disclosure & Data Protection – a new set of “Three Ps” for litigants and data privacy practitioners to apply in the real world

This post was written by Nick Tyler. Last month we highlighted a resolution of the American Bar Association urging U.S. courts to: “consider and respect…the data protection and privacy laws of any…foreign sovereign, and the interests of any person who is subject to, or benefits from, such laws”, in the context of the onerous legal requirements … Continue Reading

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 … Continue Reading
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