Obviously, I wasn't going to post a picture of a topless beach on here. So I thought i have a picture of this guy instead.
From the New York Law Journal:
"While the collection, review and production of e-mails and other electronic documents have become routine for U.S. companies involved in civil litigation, internal investigations, and various other legal matters, there is an increasing number of cases that involve foreign or multinational clients, and the collection and production of electronic documents from these clients can be anything but routine.
Clients with operations in the European Union pose a particular problem for electronic discovery because of the strict data privacy laws in most European jurisdictions, which regulate the processing of personal data and its export from the EU.
These laws create a significant tension between a foreign or multinational company's obligations to produce documents for U.S. legal matters and its compliance with European law. This is an evolving area of the law, and it is imperative that U.S. lawyers become familiar with the data privacy issue and work closely with their clients to address them before a single document gets reviewed."
3 comments:
Very helpful post. Having done a multitude of DG COMP reviews in Europe (most of which involved U.S. companies or U.S. subsidiaries of EU companies) this was a big, big issue. Great work!
Au contraire. Given the positions of Messrs Leeuw and Wellner (and their firm) I am surprised at their naivete on the subject. But then again, it was a pretty much a law review-type article and therefore devoid of that pesky issue called reality. Having lived in France now for 1+ years I can say that a big complaint is that in general privacy in the EU continues to erode. The cry of "my God, we are becoming like America" can be heard all over. Quoting EU Directives to me or any other European brings laughter. As far as discovery and doc reviews, I have found that "stuff" moves back and forth across the sea frequently, and the cooperation between DOJ and DG COMP is quite high.
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