The EU’s General Data Protection Regulation (GDPR), effective May 2018, is increasingly relevant in U.S. litigation. Parties must determine whether they are entitled to provide records containing EU personal data to U.S. lawyers, investigators, regulators, and courts.
Multiple Federal district courts continue to reject the contention that the GDPR and other international privacy laws limit a party’s discovery obligations. The Court of Justice of the European Union’s “Schrems II” decision further complicated these issues, raising the stakes and solidifying a Catch-22 for entities involved in U.S. discovery.
Navigating the conflict between the GDPR and U.S. discovery requires thoughtful strategies and a thorough understanding of the priorities and obligations each set of rules requires. These issues typically are resolved case-by-case, and counsel must rely on sometimes conflicting precedents.
Anna Mercado Clark joined other panelists to guide litigators in managing high-stakes clashes between U.S. discovery obligations and foreign privacy protection laws, primarily the GDPR. The panel discussed the growing importance of foreign privacy laws in U.S. litigation, current approaches to privacy law objections to U.S. discovery, and strategies for navigating the irreconcilable duties under GDPR and U.S. discovery rules.
Key topics addressed included:
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