Data privacy stands at the forefront of eDiscovery, bearing significant legal and ethical implications for attorneys. A failure to uphold stringent data privacy standards – especially Internationally – can lead to ethical violations, breach of sensitive data and hefty fines.
This CLE will teach attorneys the best ethical practices when managing U.S. eDiscovery of data that is stored abroad. Main topics covered: U.S. matters & cross-border legal considerations, international requirements, international technology & collection strategies, using eDiscovery & forensics technology in cross-border reviews and data disposition & reuse. Additional topics: FRCP Rule 1 – Cooperation, Form of Production – FRCP 34(b)(2)(E), data sources, ESI Orders/Stipulations, evolving data laws, global geopolitical factors & economic drivers, cultural differences, understanding data flows, legal hold best practices & scoping, data reservation strategies and collection considerations. The following ABA Model Rules are implicated: Rule 1.1 – Technological Competence, Rule 3.4 – Fairness to Opposing Party & Avoiding Spoliation, Rule 1.15 – Safekeeping Property and Rule 5.1 – Responsibilities of a Supervisory Lawyer.
Panelists include: Carolyn Bigg of DLA Piper (Global Co-Chair of Data Protection, Privacy & Security), Matthew Krengel of Cooley LLP (Discovery & Information Governance (IG) Counsel) and Alex Marjanovic & Chris Marks of Ankura Global Consulting (Senior Managing Director).