E-Discovery and EU Data Protection laws

Size: px
Start display at page:

Download "E-Discovery and EU Data Protection laws"

Transcription

1 Robert Bond Alexander Carter-Silk IP, Technology & Data Group E-Discovery and EU Data Protection laws

2 Alex Carter-Silk, Partner, IP, Technology & Data Alex specialises in international litigation, intellectual property and technology matters. "a real ideas man who is excellent on litigation strategy, "recommended for his financial savvy and intellectual property acumen" Alexander s clients include brand owners, suppliers and insurers from a diverse range of industries including technology, marketing and the media. He is renowned as a litigation heavyweight specialising in the resolution of complex high value disputes, many of which have an international flavour, and has particular expertise in the recovery of failing technology projects. Alex has 25 years experience of advising on contentious and noncontentious IP and technology matters. During that period he has developed a reputation for rigorously promoting and defending his clients interests in a number of high profile cases and transactions. Alex is a market leader in the licensing, sponsorship and franchising of IP rights, as well as the protection of copyright design rights and trade marks. He also advises on advertising and marketing regulation and reputation management, including privacy and defamation. Tel +44 (0)

3 Robert Bond, Partner, IP, Technology & Data Robert specialises in intellectual property, technology and commercial law and his particular areas of specialist knowledge include legal issues for the computer games and digital media sectors as well as data protection and information security. From regulatory compliance to practical advice on data security issues, Robert s expertise in this field and the creativity of the advice that he provides has ensured that he stands head and shoulders above the competition. A Certified Compliance & Ethics Professional, Robert has specialised in data protection since 1983 and is listed in the top 20 Best Privacy Advisers in a recent survey published in Computer World. He has advised many multinationals on trans border data flows and global data protection compliance since 1997, and co-authored the ICC BCR Report in 2006 and the ICC Guidelines on Basel II and Data Protection in Robert is the author of many books, including most recently for Sweet & Maxwell who publish his book Negotiating International Software Licenses and Data Transfer Agreements. Robert is a Companion of the British Computer Society, a Fellow of the Society of Advanced Legal Study and in 1994 was a researcher in Information Security and Data Protection at the University of Leicester. He is chairman of the ICC (UK) E- Business, IT & Telecoms Committee and Chairman of the IT & E-Commerce Committee of the Licensing Executives Society. Robert is listed in Legal Experts 2011 and The Who s Who of International Internet & E-Commerce Lawyers and is also recognised as a Legal Expert by Euromoney s Guide to the World s Leading Technology Telecommunications Lawyers. He is also a frequent speaker at industry events and conferences. Robert is listed as Tier 1 for Data Protection in Chambers UK 2011 and 2010 describing him as an esteemed figure in the field. He has an impressive reputation for his work on cross-border data compliance and cutting-edge IT data privacy issues within the digital, online and social media spheres. He is listed as a data protection expert in Chambers (2009) and in Chambers (2008) where clients describe him as a brilliant lecturer, a meticulous lawyer and responsive if you contact him, you know he ll get back to you within the hour and authoritative he really knows his stuff, and he has so many contacts within the EC he can predict trends and what s coming further down the line, which is very useful for forward planning. Tel +44 (0)

4 Topics Overview of the current and future ESI landscape US approach UK approach EU Data Protection issues Data management issues

5 Overview of the current and future ESI landscape What information is not discoverable? Preservation Collection Review Production by the year 2013, 50% of all companies will have been asked to produce material from social media websites for e-discovery. Gartner 2010

6 US UK AND CIVIL LAW Overview US Depositions All relevant documents Lines of enquiry allowed UK No discovery by witness No fishing expeditions Standard disclosure means proportionate CIVIL Up to the judge Very limited documents required to prove the case. Codified

7 UK DISCLOSURE LAW UK Duty to disclose documents which support or are adverse to either party s case The digital age has changed the disclosure landscape. The starting point: CPR 32 and the practice direction thereto. PROPORTIONALITY is the key. A proportionate search for documents is adequate, even if it is too narrow to catch a smoking gun. Digicel, reviewed in the May 2009 Review of Civil Litigation Costs. Goodale confirmed the position. What is proportionate? Consider the period of time relevant to the dispute, the key custodians of documents, how the documents should be managed and analysed. CASE STUDY: SAS Institute Inc v. World Programming Limited.

8 Use of documents in related proceedings NOT THE SAME IN ALL JURISIDCITONS CPR 31.22: the contents of a disclosed document may only be used for the purposes of the proceedings in which it has been disclosed. CPR 32.12: documents prepared in the course of litigation should only be used for the purpose of the proceedings in respect of which it has been prepared. This is the corollary to the invasion of privacy caused by the process of disclosure. There must be special circumstances, the release must not occasion injustice to the person giving disclosure and the interests of justice must favour disclosure; per Lord Oliver, Crest Homes v. Marks [1987] AC 829. Permission has been granted where there are two sets of proceedings in different legal systems but between the same parties concerning related issues; Apple Corp v. Apple Computer.

9 The life-cycle of a dispute Right to sue Chronology and facts Jurisdiction Interim applications Experts Witnesses Disclosure and privilege Trial Remedies Appeals

10 Fed. R. Civ.Pro. 26 & 34 Parties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defence of any party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. Rule 26(b)(1) Any party may serve on any other party a request to produce and permit the party making the request, or someone acting on the requestor s behalf, to inspect, copy, test, or sample any designated documents or electronically stored information including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained. Rule 34(a)

11 What are Common E-Discovery Scenarios? Pre-emptive document preservation - the duty to preserve Information likely to be requested or lead to admissible evidence (Zubulake) Pre-trial discovery requests Document production in criminal or regulatory investigations US crimes prohibiting document destruction

12 Why is the US approach challenged by the EU laws? Disclosure required where US litigant has possession, custody or control US case law confirms it applies to foreign affiliates Conflicting foreign law not a defence for non-preservation/production US courts can compel production European data protection law Fair processing/obtaining consents Questionable legitimate basis Proportionality concerns Retention periods International transfers of data Member states have local views under civil law

13 The Eight Data Protection Principles Data must be fairly and lawfully processed with the consent of the individual Data may only be obtained for specified lawful purposes, and may not be further processed in any manner incompatible with that purpose Data must be adequate, relevant, and not excessive in relation to the purpose(s) for which it is collected Data must be accurate and, where necessary, kept up to date Data must not be kept longer than necessary Data must be processed in accordance with rights of data subjects under the Directive (right to inspect and correct data) Security measures must be taken against unauthorized or unlawful processing, and against accidental loss, destruction, or damage of data Data must not be transferred outside EEA unless recipient country provides adequate data protection

14 What Has Europe Done? Working Document 1/2009 (WP 158) (Feb. 2009) An initial consideration of the issue WP 29 sees the need for reconciliation WP 29 proposes guidelines for compliance Guidance contains Pros and Cons

15 Pros Retention where mere possibility of litigation improper Legitimacy exists where a legitimate interest Interest re. foreign disputes a legitimate interest But treatment of sensitive data left slightly unclear (e.g., consent or legal claims basis) International transfers can be based on legal claims provision, or involve other methods Encourages use of protective orders

16 Cons Individual rights to access, and amend, data Undermine integrity of evidence Use of trusted third parties to filter data Antithetical to basic US discovery principles Use of anonymization techniques prior to disclosure Unrealistic given realities of modern litigation Subjecting court services to sufficient security measures and verifying compliance by service providers Difficult to imagine working in practice

17 Hague Convention Reliance upon the Hague Convention Convention establishes a cumbersome, letters rogatory (letters of request) process for disclosure Two fatal flaws: US law does not accept exclusivity of Convention (Aerospatiale) European countries may invoked Art. 23 reservations excluding application to pre-trial discovery

18 The Sedona Conference International Principles on Discovery, Disclosure & Data Protection With regard to data that is subject to preservation, disclosure, or discovery, courts and parties should demonstrate due respect to the Data Protection Laws of any foreign sovereign and the interests of any person who is subject to or benefits from such laws Where full compliance with both Data Protection Laws and preservation, disclosure, and discovery obligations presents a conflict, a party s conduct should be judged by a court or data protection authority under a standard of good faith and reasonableness Preservation or discovery of Protected Data should be limited in scope to that which is relevant and necessary to support any party s claim or defense in order to minimize conflicts of law and impact on the Data Subject Where a conflict exists between Data Protection Laws and preservation, disclosure, or discovery obligations, a stipulation or court order should be employed to protect Protected Data and minimize the conflict A Data Controller subject to preservation, disclosure, or discovery obligations should be prepared to demonstrate that data protection obligations have been addressed and that appropriate data protection safeguards have been instituted Data Controllers should retain Protected Data only as long as necessary to satisfy legal or business needs. While a legal action is pending or remains reasonably anticipated, Data Controllers should preserve relevant information, including relevant Protected Data, with appropriate data safeguards.

19 American Bar Association position 2012 Recent call for US courts to recognise data privacy laws of other countries which may conflict with disclosure orders

20 Guidance Put in place a data retention and data destruction policy Ensure that e-discovery procedures are built into information or asset protection policies Amend Privacy Notices to include disclosure or transfer of personal data in pre-trial discovery Ensure that use of 3 rd party service providers for e-discovery are subject to EU model clauses where they are in third countries Audit current systems to understand where personal data resides

21 QUESTIONS? Construction & Engineering 1 November 2006

Data Protection and Information Security: The top 5 risks for 2013 1 November 2012

Data Protection and Information Security: The top 5 risks for 2013 1 November 2012 Robert Bond Head of Data Protection & Information Law Group Data Protection and Information Security: The top 5 risks for 2013 1 November 2012 Our team Speechly Bircham is an ambitious, full-service law

More information

BIG DATA AND THE INTERNET OF THINGS

BIG DATA AND THE INTERNET OF THINGS BIG DATA AND THE INTERNET OF THINGS 12 September 2013 Robert Bond Partner and Notary Public Janine Regan Solicitor Tughan Thuraisingam Paralegal Our team Speechly Bircham is an ambitious, full-service

More information

Working Document 1/2009 on pre-trial discovery for cross border civil litigation

Working Document 1/2009 on pre-trial discovery for cross border civil litigation ARTICLE 29 DATA PROTECTION WORKING PARTY 00339/09/EN WP 158 Working Document 1/2009 on pre-trial discovery for cross border civil litigation Adopted on 11 February 2009 This Working Party was set up under

More information

Ethical hotlines and whistleblowing ensuring businesses are not in conflict with local laws

Ethical hotlines and whistleblowing ensuring businesses are not in conflict with local laws Ethical hotlines and whistleblowing ensuring businesses are not in conflict with local laws 16 January 2014 Robert Bond, CCEP Partner and Notary Public Our Team Speechly Bircham is an ambitious, full-service

More information

Friday 31st October, 2008.

Friday 31st October, 2008. Friday 31st October, 2008. It is ordered that the Rules heretofore adopted and promulgated by this Court and now in effect be and they hereby are amended to become effective January 1, 2009. Amend Rules

More information

IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682. Pretrial Conferences; Scheduling; Management.

IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682. Pretrial Conferences; Scheduling; Management. IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682 Amending Civil Rules 16, 26, 33, 34, 37, and 45 concerning Discovery of Electronic Information IT IS ORDERED: 1. Civil Rule 16 is amended to read

More information

Presentation by: Dr. Nathalie Moreno Partner. Cloud Computing and Data Protection: an Update 4 October 2012

Presentation by: Dr. Nathalie Moreno Partner. Cloud Computing and Data Protection: an Update 4 October 2012 Presentation by: Dr. Nathalie Moreno Partner Cloud Computing and Data Protection: an Update 4 October 2012 Our team Speechly Bircham is an ambitious, international mid-size fullservice law firm head-quartered

More information

The Duke Conference: Bench-Bar-Academy Distinguished Lawyers Series Protected-Privacy Data Conference

The Duke Conference: Bench-Bar-Academy Distinguished Lawyers Series Protected-Privacy Data Conference CURRENT APPROACHES TAKEN IN U.S. LITIGATION TO COMPLY WITH POTENTIALLY CONFLICTING U.S. DISCOVERY OBLIGATIONS AND EU AND OTHER FOREIGN DATA PRIVACY STATUTES David W. Ichel, Simpson Thacher & Bartlett Peter

More information

SAMPLING: MAKING ELECTRONIC DISCOVERY MORE COST EFFECTIVE

SAMPLING: MAKING ELECTRONIC DISCOVERY MORE COST EFFECTIVE SAMPLING: MAKING ELECTRONIC DISCOVERY MORE COST EFFECTIVE Milton Luoma Metropolitan State University 700 East Seventh Street St. Paul, Minnesota 55337 651 793-1246 (fax) 651 793-1481 Milt.Luoma@metrostate.edu

More information

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE Proposed Recommendation No. 249 Proposed Amendment of Rules 4009.1, 4009.11, 4009.12, 4009.21, 4009.23, and 4011 Governing Discovery of Electronically

More information

Record Retention, ediscovery, Spoliation: Issues for In-House Counsel

Record Retention, ediscovery, Spoliation: Issues for In-House Counsel Record Retention, ediscovery, Spoliation: Issues for In-House Counsel CCCA Webinar April 1, 2015 Presenters: Gavin Tighe, Partner (Certified Specialist in Litigation) Stephen Thiele, Partner, Director

More information

The HR Skinny: Effectively managing international employee data flows

The HR Skinny: Effectively managing international employee data flows The HR Skinny: Effectively managing international employee data flows Topics we will cover today Laws affecting HR data flows HR international data protection challenges and strategic solutions Case study

More information

International Investigations: Issues to Consider When Conducting or Defending Against an FCPA Investigation Outside the United States

International Investigations: Issues to Consider When Conducting or Defending Against an FCPA Investigation Outside the United States International Investigations: Issues to Consider When Conducting or Defending Against an FCPA Investigation Outside the United States Presentation to: Ninth Annual Pharmaceutical Regulatory and Compliance

More information

The Intrusive Nature of Discovery in U.S. Patent Litigation

The Intrusive Nature of Discovery in U.S. Patent Litigation The Intrusive Nature of Discovery in U.S. Patent Litigation October 16, 2014 Jeffrey R. Schaefer jschaefer@ulmer.com All patent infringement litigation in the U.S. takes place in federal courts. Cases

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

Binding Corporate Rules ( BCR ) Summary of Third Party Rights

Binding Corporate Rules ( BCR ) Summary of Third Party Rights Binding Corporate Rules ( BCR ) Summary of Third Party Rights This document contains in its Sections 3 9 all provision of the Binding Corporate Rules (BCR) for Siemens Group Companies and Other Adopting

More information

The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith. June 10, 2009

The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith. June 10, 2009 The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith June 10, 2009 Discovery On January 1, 2010, Rules will be amended by adding the following

More information

BRITISH COUNCIL DATA PROTECTION CODE FOR PARTNERS AND SUPPLIERS

BRITISH COUNCIL DATA PROTECTION CODE FOR PARTNERS AND SUPPLIERS BRITISH COUNCIL DATA PROTECTION CODE FOR PARTNERS AND SUPPLIERS Mat Wright www.britishcouncil.org CONTENTS Purpose of the code 1 Scope of the code 1 The British Council s data protection commitment and

More information

In-House Solutions to the E-Discovery Conundrum

In-House Solutions to the E-Discovery Conundrum 125 In-House Solutions to the E-Discovery Conundrum Retta A. Miller Carl C. Butzer Jackson Walker L.L.P. April 21, 2007 www.pointmm.com I. OVERVIEW OF THE RULES GOVERNING ELECTRONICALLY- STORED INFORMATION

More information

Covington Webinar Series February 23, 2012 Cross-Border Discovery Issues for U.S. Litigants

Covington Webinar Series February 23, 2012 Cross-Border Discovery Issues for U.S. Litigants Covington Webinar Series February 23, 2012 Cross-Border Discovery Issues for U.S. Litigants Marney Cheek Kristen Eichensehr Alex Hastings Ed Rippey Agenda Introduction (Rippey) Key Considerations in Cross-Border

More information

Ten practical steps for streamlining e-discovery from a lawyer s perspective

Ten practical steps for streamlining e-discovery from a lawyer s perspective 52 / 65 Chapter 10 Ten practical steps for streamlining e-discovery from a lawyer s perspective In Ireland, as in other common law jurisdictions, parties to civil legal disputes are required to formally

More information

AlixPartners, LLP. General Data Protection Statement

AlixPartners, LLP. General Data Protection Statement AlixPartners, LLP General Data Protection Statement GENERAL DATA PROTECTION STATEMENT 1. INTRODUCTION 1.1 AlixPartners, LLP ( AlixPartners ) is committed to fulfilling its obligations under the data protection

More information

HOW TO HANDLE A WHISTLEBLOWER REPORT IN THE EU

HOW TO HANDLE A WHISTLEBLOWER REPORT IN THE EU HOW TO HANDLE A WHISTLEBLOWER REPORT IN THE EU 10 April 2014 Monica Salgado Advogada registered with the Portuguese Ordem dos Advogados Registered European Lawyer with the SRA Kirsti Laird Solicitor, (qualified

More information

technical factsheet 176

technical factsheet 176 technical factsheet 176 Data Protection CONTENTS 1. Introduction 1 2. Register with the Information Commissioner s Office 1 3. Period protection rights and duties remain effective 2 4. The data protection

More information

Amendments to the Rules to Civil Procedure: Yours to E-Discover. Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP

Amendments to the Rules to Civil Procedure: Yours to E-Discover. Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP Amendments to the Rules to Civil Procedure: Yours to E-Discover Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP September 25, 2009 Amendments to the Rules of Civil Procedure: Yours to

More information

UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com

UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE 1 What is ESI? Information that exists in a medium that can only be read through the use of computers Examples E-mail Word Documents Databases Spreadsheets Multimedia

More information

Guidance for the instruction of experts in civil claims

Guidance for the instruction of experts in civil claims Guidance for the instruction of experts in civil claims Introduction 1. The purpose of this guidance is to assist litigants, those instructing experts and experts to understand best practice in complying

More information

Predictability in E-Discovery

Predictability in E-Discovery Predictability in E-Discovery Presented by: John G. Roman, Jr. National Manager, Practice Group Technology Services Nixon Peabody LLP Tom Barce Assistant Director of Practice Support Fulbright & Jaworski

More information

US DISCOVERY PROCEEDINGS: IMPLICATIONS FOR FRENCH BUSINESSES

US DISCOVERY PROCEEDINGS: IMPLICATIONS FOR FRENCH BUSINESSES US DISCOVERY PROCEEDINGS: IMPLICATIONS FOR FRENCH BUSINESSES May 11, 2012 Bijan E. Eghbal, Paris Browning E. Marean, San Diego Carol A.F. Umhoefer, Paris Agenda I. Overview of US discovery and document

More information

Litigation Hold Procedures

Litigation Hold Procedures Litigation Hold Procedures Definitions Electronically Stored Information (ESI) - Any information stored electronically, including writings, drawings, graphs, charts, photographs, sound recordings, images,

More information

Balancing Discovery with EU Data Protection in International Arbitration Proceedings By Karin Retzer and Sherman Kahn

Balancing Discovery with EU Data Protection in International Arbitration Proceedings By Karin Retzer and Sherman Kahn Balancing Discovery with EU Data Protection in International Arbitration Proceedings By Karin Retzer and Sherman Kahn As many organizations facing cross-border litigation know too well, U.S. discovery

More information

Cross-border Challenges for e-discovery

Cross-border Challenges for e-discovery 123 Cross-border Challenges for e-discovery Seth Berman* Cross-border electronic discovery (or disclosure as it s called in the UK context) is becoming increasingly common and increasingly fraught with

More information

Conference Cooperation Proclamation

Conference Cooperation Proclamation The Sedona Conference Working Group Series The Sedona Conference Cooperation Proclamation Dialogue Designed to Move the Law Forward in a Reasoned and Just Way The Sedona Conference Cooperation Proclamation

More information

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION STANDING ORDER FOR MAGISTRATE JUDGE KANDIS A. WESTMORE (Revised

More information

The Dutch Legal Perspective on American e-discovery

The Dutch Legal Perspective on American e-discovery The Dutch Legal Perspective on American e-discovery Marielle Koppenol-Laforce Part of the Houthoff Buruma In-house Counsel Practical Guide US e-discovery in the Netherlands, November 2010. How does a non-american

More information

COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Fall 2014

COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Fall 2014 COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Professors:Mark Austrian Christopher Racich Fall 2014 Introduction The ubiquitous use of computers, the

More information

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 jrl@cwilson.com Edited by: Larry Munn Clark Wilson LLP

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

ANALYSIS OF ORIGINAL BILL

ANALYSIS OF ORIGINAL BILL Franchise Tax Board ANALYSIS OF ORIGINAL BILL Author: Evans Analyst: Deborah Barrett Bill Number: AB 5 See Legislative Related Bills: History Telephone: 845-4301 Introduced Date: December 1, 2008 Attorney:

More information

Hong Kong High Court Procedure E-Discovery: Practice Direction Effective September 1, 2014

Hong Kong High Court Procedure E-Discovery: Practice Direction Effective September 1, 2014 CLIENT MEMORANDUM Hong Kong High Court Procedure E-Discovery: Practice Direction Effective September 1, 2014 August 28, 2014 Mandatory application of e-discovery Mandatory application of e-discovery to

More information

COMPUTING LITIGATING IN THE CLOUD. Steven W.Teppler, Esq. Senior Counsel, KamberEdelson, LLC

COMPUTING LITIGATING IN THE CLOUD. Steven W.Teppler, Esq. Senior Counsel, KamberEdelson, LLC COMPUTING LITIGATING IN THE CLOUD Steven W.Teppler, Esq. Senior Counsel, KamberEdelson, LLC SNIA Legal Notice The material contained in this tutorial is copyrighted by the SNIA. Member companies and individual

More information

Jason Velasco 1/23/14. Webinar Sponsorship Partner

Jason Velasco 1/23/14. Webinar Sponsorship Partner Webinar Sponsorship Partner Jason Velasco Jason Velasco is an electronic discovery industry veteran with more than 15 years of experience in electronic discovery issues and forensic investigations. During

More information

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP

More information

ANSWERING THE CALL: RESPONDING TO A TEXAS CIVIL SUBPOENA

ANSWERING THE CALL: RESPONDING TO A TEXAS CIVIL SUBPOENA ANSWERING THE CALL: RESPONDING TO A TEXAS CIVIL SUBPOENA I. Introduction Your client has just received a subpoena from a Texas civil court in a case in which she is not a party. She calls you and inquires

More information

E-Discovery Guidance for Federal Government Professionals Summer 2014

E-Discovery Guidance for Federal Government Professionals Summer 2014 E-Discovery Guidance for Federal Government Professionals Summer 2014 Allison Stanton Director, E-Discovery, FOIA, & Records Civil Division, Department of Justice Adam Bain Senior Trial Counsel Civil Division,

More information

7.08.2 Privacy Rules for Customer, Supplier and Business Partner Data. Directive 7.08 Protection of Personal Data

7.08.2 Privacy Rules for Customer, Supplier and Business Partner Data. Directive 7.08 Protection of Personal Data Akzo Nobel N.V. Executive Committee Rules 7.08.2 Privacy Rules for Customer, Supplier and Business Partner Data Source Directive Content Owner Directive 7.08 Protection of Personal Data AkzoNobel Legal

More information

Employee Code of Conduct GENERAL STATEMENT OF BUSINESS PHILOSOPHY

Employee Code of Conduct GENERAL STATEMENT OF BUSINESS PHILOSOPHY Employee Code of Conduct GENERAL STATEMENT OF BUSINESS PHILOSOPHY The commitment to excellence is fundamental to the philosophy of CFA Institute. This commitment means that employees share a common set

More information

Discovery Ethics Course Plan

Discovery Ethics Course Plan The Ethics of Pre-Trial Discovery Discovery Ethics Course Plan I. Pre-Trial Discovery II. General Ethical Rules and Personal Mores Governing Discovery III. Ethical Considerations for Obtaining Informal

More information

Department of Veterans Affairs VA Directive 6311 VA E-DISCOVERY

Department of Veterans Affairs VA Directive 6311 VA E-DISCOVERY Department of Veterans Affairs VA Directive 6311 Washington, DC 20420 Transmittal Sheet June 15, 2012 VA E-DISCOVERY 1. REASON FOR ISSUE: To establish policy concerning the care and handling of documents

More information

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic

More information

Supreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods.

Supreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods. Supreme Court Rule 201. General Discovery Provisions (a) Discovery Methods. Information is obtainable as provided in these rules through any of the following discovery methods: depositions upon oral examination

More information

Implementing and monitoring effective compliance policies & procedures. charlesrussellspeechlys.com

Implementing and monitoring effective compliance policies & procedures. charlesrussellspeechlys.com Implementing and monitoring effective compliance policies & procedures charlesrussellspeechlys.com Robert Bond Partner Robert Bond has over 36 years' experience in advising national and international clients

More information

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys By Ronald S. Allen, Esq. As technology has evolved, the federal courts have

More information

grouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2)

grouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2) ESI: Federal Court An introduction to the new federal rules governing discovery of electronically stored information In September 2005, the Judicial Conference of the United States unanimously approved

More information

and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance

and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance Electronic Record Retention and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance Agenda What is all this ediscovery buzz? Email is major focus of ESI Impact of New FRCP rules

More information

MOCK MEET AND CONFER AND RULE 16(B) CONFERENCE: WHO IS AT THE TABLE AND WHAT HAPPENS WHEN COUNSEL CAN T AGREE? ASK THE JUDGE!

MOCK MEET AND CONFER AND RULE 16(B) CONFERENCE: WHO IS AT THE TABLE AND WHAT HAPPENS WHEN COUNSEL CAN T AGREE? ASK THE JUDGE! MOCK MEET AND CONFER AND RULE 16(B) CONFERENCE: WHO IS AT THE TABLE AND WHAT HAPPENS WHEN COUNSEL CAN T AGREE? ASK THE JUDGE! The Honorable Ronald J. Hedges Principal, Ronald J. Hedges LLC Ronald J. Hedges

More information

Ligitation process in Denmark 1. Litigation process in Denmark. A brief summary of the procedures and workings of the litigation process in Denmark.

Ligitation process in Denmark 1. Litigation process in Denmark. A brief summary of the procedures and workings of the litigation process in Denmark. Ligitation process in Denmark 1 Litigation process in Denmark A brief summary of the procedures and workings of the litigation process in Denmark. Litigation process in Denmark 2 Content Who will handle

More information

Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. ediscovery for DUMMIES LAWYERS. MDLA TTS August 23, 2013

Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. ediscovery for DUMMIES LAWYERS. MDLA TTS August 23, 2013 MDLA TTS August 23, 2013 ediscovery for DUMMIES LAWYERS Kate Burke Mortensen, Esq. kburke@xactdatadiscovery.com Scott Polus, Director of Forensic Services spolus@xactdatadiscovery.com 1 Where Do I Start??

More information

Data Management: Considerations for Integrating Compliance Requirements At Home and Abroad. Toronto, Ontario June 14, 2005

Data Management: Considerations for Integrating Compliance Requirements At Home and Abroad. Toronto, Ontario June 14, 2005 Data Management: Considerations for Integrating Compliance Requirements At Home and Abroad Toronto, Ontario June 14, 2005 Outsourcing Update: New Contractual Options and Risks Lisa K. Abe June 14, 2005

More information

This is not your grandfather s litigation. BUT. ediscovery Services are not legal services.

This is not your grandfather s litigation. BUT. ediscovery Services are not legal services. This is not your grandfather s litigation. BUT ediscovery Services are not legal services. TYPES OF ETHICAL ISSUES THAT MIGHT ARISE IN THE CONTEXT OF ediscovery: Document collection Privacy issues Inadvertent

More information

Intellectual Property Rights In India

Intellectual Property Rights In India Intellectual Property Rights In India Intellectual Property Office is an operating name of the Patent Office Contents Intellectual property rights in India 3 What are intellectual property rights? 3 International

More information

Queensland WHISTLEBLOWERS PROTECTION ACT 1994

Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Act No. 68 of 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Section PART 1 PRELIMINARY TABLE OF PROVISIONS Division 1 Title and commencement Page 1 Short

More information

THIS WEBCAST WILL BEGIN SHORTLY

THIS WEBCAST WILL BEGIN SHORTLY If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! THIS WEBCAST WILL BEGIN SHORTLY Cloud-Based vs. On-Premise ediscovery

More information

A Brief Overview of ediscovery in California

A Brief Overview of ediscovery in California What is ediscovery? Electronic discovery ( ediscovery ) is discovery of electronic information in litigation. ediscovery in California is governed generally by the Civil Discovery Act. In 2009, the California

More information

The Cloud and Cross-Border Risks - Singapore

The Cloud and Cross-Border Risks - Singapore The Cloud and Cross-Border Risks - Singapore February 2011 What is the objective of the paper? Macquarie Telecom has commissioned this paper by international law firm Freshfields Bruckhaus Deringer in

More information

CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION DIRECTIVE

CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION DIRECTIVE Représentant les avocats d Europe Representing Europe s lawyers CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION DIRECTIVE CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION

More information

Metadata, Electronic File Management and File Destruction

Metadata, Electronic File Management and File Destruction Metadata, Electronic File Management and File Destruction By David Outerbridge, Torys LLP A. Metadata What is Metadata? Metadata is usually defined as data about data. It is a level of extra information

More information

Resolving IP and Technology Disputes Through WIPO ADR. Getting back to business

Resolving IP and Technology Disputes Through WIPO ADR. Getting back to business Resolving IP and Technology Disputes Through WIPO ADR Getting back to business Intellectual property (IP) is a central component of today s knowledge economy, and its efficient exploitation is of growing

More information

e-discovery and privacy: the eternal dilemma?

e-discovery and privacy: the eternal dilemma? e-discovery and privacy: the eternal dilemma? E-Discovery is the provision of electronically stored data to the other party and to the court in civil proceedings and to the regulator in the context of

More information

Data Protection. Processing and Transfer of Personal Data in Kvaerner. Binding Corporate Rules Public Document

Data Protection. Processing and Transfer of Personal Data in Kvaerner. Binding Corporate Rules Public Document Data Protection Processing and Transfer of Personal Data in Kvaerner Binding Corporate Rules Public Document 1 of 19 1 / 19 Table of contents 1 Introduction... 4 1.1 Scope... 4 1.2 Definitions... 4 1.2.1

More information

EU Data Protection Directive and U.S. Safe Harbor Framework: An Employer Update. By Stephen H. LaCount, Esq.

EU Data Protection Directive and U.S. Safe Harbor Framework: An Employer Update. By Stephen H. LaCount, Esq. EU Data Protection Directive and U.S. Safe Harbor Framework: An Employer Update By Stephen H. LaCount, Esq. Overview The European Union Data Protection Directive 95/46/EC ( Directive ) went effective in

More information

The Rules have Changed

The Rules have Changed The Rules have Changed The management of electronic research records is more important than ever before Michael H Elliott Published in Scientific Computing May 2007 A patent provides rights to an inventor

More information

Civil Antitrust Litigation in the United States: Implications for Ireland and the European Community

Civil Antitrust Litigation in the United States: Implications for Ireland and the European Community Civil Antitrust Litigation in the United States: Implications for Ireland and the European Community Joseph T. McLaughlin Heller Ehrman, LLP Prepared with the assistance of: August T. Horvath Daniel Sheridan

More information

Cloud Computing: Legal Risks and Best Practices

Cloud Computing: Legal Risks and Best Practices Cloud Computing: Legal Risks and Best Practices A Bennett Jones Presentation Toronto, Ontario Lisa Abe-Oldenburg, Partner Bennett Jones LLP November 7, 2012 Introduction Security and Data Privacy Recent

More information

INSURANCE ACT 2008 CORPORATE GOVERNANCE CODE OF PRACTICE FOR REGULATED INSURANCE ENTITIES

INSURANCE ACT 2008 CORPORATE GOVERNANCE CODE OF PRACTICE FOR REGULATED INSURANCE ENTITIES SD 0880/10 INSURANCE ACT 2008 CORPORATE GOVERNANCE CODE OF PRACTICE FOR REGULATED INSURANCE ENTITIES Laid before Tynwald 16 November 2010 Coming into operation 1 October 2010 The Supervisor, after consulting

More information

Organisation: Liverpool European Law Unit, School of Law and Social Justice, University of Liverpool

Organisation: Liverpool European Law Unit, School of Law and Social Justice, University of Liverpool Name: Dr Ruth Lamont Organisation: Liverpool European Law Unit, School of Law and Social Justice, University of Liverpool Response to the Call for Evidence: Civil Judicial Cooperation The comments in this

More information

Intellectual Property Rights in the USA

Intellectual Property Rights in the USA Intellectual Property Rights in the USA Intellectual Property Office is an operating name of the Patent Office Contents Intellectual property rights in the USA What are intellectual property rights? International

More information

Data Privacy Considerations When Conducting E-Discovery

Data Privacy Considerations When Conducting E-Discovery Data Privacy Considerations When Conducting E-Discovery Therese Craparo Anthony J. Diana Rebecca Kahan Paul Chandler May 17, 2011 MayerBrown is a globallegalservices organisationcomprisinglegalpracticesthatareseparate

More information

Data Processing Agreement for Oracle Cloud Services

Data Processing Agreement for Oracle Cloud Services Data Processing Agreement for Oracle Cloud Services Version December 1, 2013 1. Scope and order of precedence This is an agreement concerning the Processing of Personal Data as part of Oracle s Cloud Services

More information

Swiss Civil Procedural Law. Professor Isaak Meier

Swiss Civil Procedural Law. Professor Isaak Meier Swiss Civil Procedural Law Professor Isaak Meier Substantive law and procedural law Area la law Substantive law Procedural law Public law Administrative Law (federal and cantonal law) Administrative proceedings

More information

Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds

Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds BOOK RELEASE FOR IMMEDIATE RELEASE Media Contact: Michael Arkfeld Law Partner Publishing, LLC Ph: 602.993.1937 May, 3, 2010 Email: service@lawpartnerpublishing.com Arkfeld on Electronic Discovery and Evidence:

More information

NON-DISCLOSURE AGREEMENT BETWEEN AND CHASE BANK (KENYA) LIMITED

NON-DISCLOSURE AGREEMENT BETWEEN AND CHASE BANK (KENYA) LIMITED NON-DISCLOSURE AGREEMENT BETWEEN AND CHASE BANK (KENYA) LIMITED THIS AGREEMENT is made the day of Two Thousand and fourteen between (hereinafter referred to as which expression where the context so admits

More information

Data protection in Switzerland: overview

Data protection in Switzerland: overview Page 1 of 8 Data protection in Switzerland: overview Resource type: Country Q&A Status: Law stated as at 01-Aug-2014 Jurisdiction: Switzerland A Q&A guide to data protection in Switzerland. This Q&A guide

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC ) Title Preparations for Personal Injury Trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

Discovery Devices. Rule 26 requires the automatic disclosure of a host of basic information regarding the case

Discovery Devices. Rule 26 requires the automatic disclosure of a host of basic information regarding the case Discovery Devices Automatic (mandatory) disclosure Rule 26 requires the automatic disclosure of a host of basic information regarding the case Interrogatories Questions addressed to the other party Depositions

More information

CCBE RESPONSE REGARDING THE EUROPEAN COMMISSION PUBLIC CONSULTATION ON CLOUD COMPUTING

CCBE RESPONSE REGARDING THE EUROPEAN COMMISSION PUBLIC CONSULTATION ON CLOUD COMPUTING CCBE RESPONSE REGARDING THE EUROPEAN COMMISSION PUBLIC CONSULTATION ON CLOUD COMPUTING CCBE response regarding the European Commission Public Consultation on Cloud Computing The Council of Bars and Law

More information

INTERNATIONAL SOS. Data Protection Policy. Version 1.05

INTERNATIONAL SOS. Data Protection Policy. Version 1.05 INTERNATIONAL SOS Data Protection Policy Document Owner: LCIS Division Document Manager: Group General Counsel Effective: December 2008 Revised: 2015 All copyright in these materials are reserved to AEA

More information

Attachment 5 HIPAA BUSINESS ASSOCIATE AGREEMENT

Attachment 5 HIPAA BUSINESS ASSOCIATE AGREEMENT HIPAA BUSINESS ASSOCIATE AGREEMENT Preamble This Business Associate Agreement ( Agreement ) is Attachment to the Contract for Payment Eligibility Assessment Whereas, pursuant to the terms of the Contract,

More information

Future Proof Your ediscovery Practices

Future Proof Your ediscovery Practices FEBRUARY 3 5, 2015 / THE HILTON NEW YORK Future Proof Your ediscovery Practices Plenary Session February 4, 2015 Patrick Collins, Partner, Perkins Coie Bruce Hartley, Vice President, Celerity Consulting

More information

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013.

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. TOYOTA ASSOCIATE DISPUTE RESOLUTION ( T-ADR ): Summary Description

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC ) Title Preparations for Personal Injury trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

Rules for Admission to the Practice of Law in West Virginia

Rules for Admission to the Practice of Law in West Virginia STATE OF WEST VIRGINIA At a Regular Term of the Supreme Court of Appeals, continued and held at Charleston, Kanawha County, on September 29, 2014, the following order was made and entered: Re: Approval

More information

A Lawyer s Qualifications A Lawyer s Duties Services Lawyers Render

A Lawyer s Qualifications A Lawyer s Duties Services Lawyers Render MEET YOUR LAWYER A Lawyer s Qualifications No one but duly admitted members of the bar may practice law. A lawyer is trained to prepare legal documents for clients, to advise on personal and business matters

More information

Data Protection & Cyber Security Law Update 1 st October 2015

Data Protection & Cyber Security Law Update 1 st October 2015 Data Protection & Cyber Security Law Update 1 st October 2015 Robert Bond, Partner Janine Regan, Associate Viktoria Protokova, Data Protection Executive charlesrussellspeechlys.com Brief introduction to

More information

Brand Management Services

Brand Management Services Brand Management Services About Bird & Bird Since 1898 Bird & Bird has led the way in protecting the ideas that have made some of the world s greatest brands successful. It s the firm s excellence in client

More information

2 California Evidence (5th), Discovery

2 California Evidence (5th), Discovery 2 California Evidence (5th), Discovery I. GENERAL PRINCIPLES A. [ 1] Purpose of Discovery. B. [ 2] Modern Discovery Procedures. C. [ 3] Relation to Pretrial Conference. D. Overview of California Discovery

More information

www.bonddickinson.com Cyber Risks October 2014 2

www.bonddickinson.com Cyber Risks October 2014 2 www.bonddickinson.com Cyber Risks October 2014 2 Why this emerging sector matters Justin Tivey Legal Director T: +44(0)845 415 8128 E: justin.tivey The government estimates that the current cost of cyber-crime

More information

Privacy vs. the Need to Collect Evidence from Smartphones

Privacy vs. the Need to Collect Evidence from Smartphones What does your commercial litigation client have to hide? Jonathan S. Liss, Frederick W. Alworth and Christine A. Amalfe New Jersey Law Journal, May 23, 2016 For a litigator, few moments compare to when

More information

Professional Solutions Insurance Company. Business Associate Agreement re HIPAA Rules

Professional Solutions Insurance Company. Business Associate Agreement re HIPAA Rules Professional Solutions Insurance Company Business Associate Agreement re HIPAA Rules I. Purpose of Agreement This Agreement reflects Professional Solutions Insurance Company s agreement to comply with

More information