International eDiscovery: Foreign Discovery Requirements
Overview:
Electronic Discovery (eDiscovery) has increasingly become a global concern. Despite major developments in eDiscovery technology, data collection and analysis are more complicated as a result of rapidly increasing data volume, the diversity of data types, the proliferation of data around the world, and the growing restrictions by national governments on data privacy and cross-border data transfers.
The Knowledge Group has assembled a panel of thought leaders to help companies understand the fundamentals and the recent developments of eDiscovery in relation with Foreign Discovery Requirements. In a live two-hour webcast, key experts will offer their fundamental viewpoints on several key issues including:
· Understanding eDiscovery challenges in global business community
· eDiscovery and its relation to Foreign Discovery Requirements
· Best practices in resolving eDiscovery main issues in Foreign Discovery Requirements both the global and local level
Agenda:
SEGMENT 1:
David C. Shonka, Principal Deputy General Counsel,
Federal Trade Commission
- Possession, custody, or control are often determinative of a party’s right to secure relevant privacy and personal information in the US, which treats such information much differently than many other countries treat it.
- While the six principles set out in The Sedona Conference’s International Principles on Discovery, Disclosure & Data Protection offer sound guidance for dealing with cross-border transfers of data in private litigation, those principles do not always work well in government civil law enforcement investigations.
- This is especially so with respect to Principles 3 & 4, which respectively deal with the scope of an inquiry and protective orders.
- In multi-national investigations, several tools, including waivers by co-operating parties, bi-lateral agreements between enforcement agencies, and special legislative provisions such as the SAFE WEB Act, can facilitate the cross-border transfer of relevant data.
- However, in cases involving non-cooperating parties or inquiries involving a single nation, principles of comity, as articulated by the Supreme Court’s Aerospatiale decision and subsequently applied by lower US courts, may determine an investigator’s ability to secure information.
SEGMENT 2:
Dominic Jaar, Partner and National Practice Leader, Information Management Services (Documents/Records Management, Business Intelligence & Data Analytics, eDiscovery & Forensic Technology),
KPMG Canada
- International view on discovery from a US centric or global point of view
- Rules on discovery
- Challenges of dealing with multi jurisdictional discovery, cross border and language issues
SEGMENT 3:
Jon M. Talotta, Partner,
Hogan Lovells US LLP
- Anticipate cross-border issues before they arise
- Companies that do business in the US, directly or through a subsidiary or affiliate, should consider US discovery rules when developing and implementing information systems, policies and procedures.
- Information location, access and control can be outcome determinative in US discovery disputes.
- Managing cross-border e-discovery requires a cross-border approach, with the goal being to avoid creating problems under a foreign state’s privacy and data protection laws while attempting to comply with US discovery rules.
- This always requires working with local counsel in the foreign state to manage foreign law requirements for collecting and transferring data to the US, as well as to provide timely notice to opposing counsel, courts, etc. in the US of limitations/restrictions imposed by foreign laws.
- This also may require documenting attempts to obtain guidance/approval/disapproval from data protection authorities, and other governmental authorities, including courts, in the foreign state to use in dealing with US opposing counsel, courts, etc.
Who Should Attend:
– eDiscovery Lawyers
– Compliance, Risk and IT Managers
– Records & Information Directors/Managers
– Privacy & Data Management Officers
– Computer Forensic Specialists
– Attorneys
– General Counsel
– Legal Officers
– In-House Counsel
– International Counsel
– Chief Information Officers
David C. Shonka is the Principal Deputy General Counsel at the Federal Trade Commission. He has twice served as the …
Dominic is a partner in KPMG’s Forensic Practice, focusing on supporting organisations’ Information Management (IM) and eDiscovery (EDD) requirements. Dominic …
Jon focuses his practice on complex litigation and is Chair of the firm’s Electronic Information Group, which oversees U.S. and …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
134487
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Total Credits:
2.0 CLE
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SPEAKERS' FIRMS:
Federal Trade Commission
About Federal Trade Commission
About KPMG Canada
KPMG Forensic helps organizations in their efforts to achieve the highest level of integrity and to manage the cost and risk of litigation, investigations, and regulatory enforcement actions by assisting with the prevention, detection and response to fraud, waste, abuse and other forms of misconduct, the avoidance and resolution of disputes and the collection, discovery and analysis of electronically stored information. For more information or to speak to a KPMG professional, visit www.kpmg.ca/forensic
About Hogan Lovells US LLP
Hogan Lovells is a global legal practice that helps corporations, financial institutions, and governmental entities across the spectrum of their critical business and legal issues globally and locally. We have over 2,500 lawyers operating out of more than 40 offices in the United States, Europe, Latin America, the Middle East, and Asia. Hogan Lovells offers:
• an exceptional, high quality transatlantic capability, with extensive reach into the world’s commercial and financial centers;
• particular and distinctive strengths in the areas of government regulatory, litigation and arbitration, corporate, finance, and intellectual property; and
• and access to a significant depth of knowledge and resource in many major industry sectors including hotels and leisure, telecommunications, media and technology, energy and natural resources, infrastructure, financial services, life sciences and healthcare, consumer, and real estate.
Our practice breadth, geographical reach, and industry knowledge provide us with insights into the issues that affect our clients most deeply and enable us to provide high quality business-oriented legal advice to assist them in achieving their commercial goals.