E-Discovery Under the GDPR: Tension With U.S. Rules and Avoiding Penalties for Noncompliance

Discovery of personal data held in the European Union (EU) has bedeviled U.S. litigants for some time. On the one hand, the U.S. Supreme Court has held that foreign statutes designed to thwart U.S. discovery efforts will not excuse noncompliance with U.S. discovery requests. On the other, EU privacy regulators now have the authority to impose significant financial sanctions on U.S. companies that fail to take proper steps to protect EU personal data. In short, efforts to obtain discovery from abroad often catch U.S. practitioners and litigants between a rock and a hard place.

Listen as our distinguished panel discusses the tensions that exist between U.S. law and the GDPR, as well as best practices for complying with the new EU regulations and avoiding unnecessary penalties and fines.

1. Overview of the new requirements set forth by the GDPR
2. Discussion of the GDPR’s impact on U.S. litigation and discovery practices
3. Potential penalties associated with noncompliance
4. Best practices for U.S. counsel to ensure compliance and avoid fines

The panel will review these and other important topics:

• What new obligations does the GDPR impose on U.S. litigants conducting foreign discovery?
• When are the new obligations triggered under the GDPR?
• What are the penalties for noncompliance with the GDPR?
• How can U.S. counsel ensure compliance and avoid penalties?