Discovery obligations in U.S. litigation or investigatory proceedings can directly conflict with the General Data Protection Act (“GDPR”), and other privacy laws in effect in Europe and the U.K., when it comes to producing information from European or UK data sources. Handling the conflicts between the GDPR and U.S. discovery rules requires a thorough understanding of the priorities and obligations of each set of rules, past precedents, and how best to navigate the conflicts. Join our panel as they provide guidance on this increasingly important area of data privacy and discuss how to reduce non-compliance risks arising from competing obligations under the different sets of laws.
Key topics to be discussed:
Relevant principles and obligations under the GDPR
Foreign privacy law objections in U.S. discovery
Strategies for navigating the conflict
Date: January 10, 2023
David R. Cohen | Reed Smith, LLP
Mr. Cohen is the chair of Reed Smith’s Records & E-Discovery Group. He also chairs the EDRM GDPR committee and the EDRM Project Trustees. He has over 35 years of commercial litigation experience in a variety of subject matters. Mr. Cohen serves as special e-discovery counsel in many cases, represents companies in complex litigation matters, and also counsels clients on records management and litigation readiness issues. In addition, Mr. Cohen has been appointed as an E-Discovery Special Master; has designed and presented e-discovery training programs for judges and neutrals around the country; has authored numerous legal publications; and is a frequent presenter at continuing legal education seminars regarding e-discovery, technology, and litigation tactics.
Yelizaveta Kotova | Reed Smith, LLP
Yelizaveta joined Reed Smith as an E-Discovery Attorney in 2018. In this role, she analyzes documents for responsiveness, confidentiality, privilege, and other key issues. She has worked extensively on litigation matters in the financial sector, the health care life sciences industry, and transportation arena, among others. She also serves as co-chair of EDRM’s GDPR committee.
Anna Mercado Clark | Phillips Lytle, LLP
As leader of Phillips Lytle’s Data Security & Privacy and E-Discovery & Digital Forensics Practice Teams and co-team leader of the firm’s Cryptocurrency & Bitcoin Mining Practice Team, Ms. Clark focuses on complex e-discovery and digital forensics, cybersecurity and data privacy, and complex commercial litigation. As a former Assistant District Attorney, she also handles white collar criminal matters and investigations.
Additionally, Ms. Clark has been awarded the following ANSI-accredited credentials by the International Association of Privacy Professionals (IAPP): Certified Information Privacy Professional/Europe (CIPP/E); Certified Information Privacy Professional for the U.S. Private Sector (CIPP/US); and Certified Information Privacy Manager (CIPM). CIPP/E and CIPP/US are preeminent certifications for advanced concentration in European data protection laws and U.S. private-sector laws, standards, and practices, respectively. The CIPM certification recognizes Ms. Clark’s ability to design, build and operate data privacy management programs that are compliant with privacy laws and regulations.
Ms. Clark has also been designated as a Fellow of Information Privacy (FIP). The FIP designation signifies that she has demonstrated her comprehensive knowledge of privacy laws, privacy program management and essential data protection practices with significant data security and privacy experience in these areas. Ms. Clark is among a select group of individuals around the world who have received this designation.
Jonathan Swerdloff | Scott + Scott, LLP
Jonathan is the Director of Global eDiscovery and Client Data Services at Scott + Scott and leads the firm’s Innovation Group. Prior to his role with Scott + Scott Jonathan was an eDiscovery Consultant at Driven, Inc., and before that, an associate at Hughes Hubbard and Reed focused on eDiscovery as it related to structured data. Jonathan is a nonpracticing attorney with substantial litigation, eDiscovery, and data privacy experience. Jonathan was also a web developer during the web’s earliest days and is a 2009 graduate of the Interactive Telecommunications Program at NYU’s Tisch School of the Arts.
While a student at the school, Jonathan founded Floor Four Ventures, an alumni-run organization to assist students and recent alumni develop products from their class projects. His specialties include eDiscovery, Information Governance, data privacy, and structured data analysis as well as workflow assessment, process development, and managing large teams.
I. Relevant principles and obligations under the GDPR | 1:00pm – 1:30pm
II. Foreign privacy law objections in U.S. discovery | 1:30pm – 2:00pm
Societe Nationale Industrielle Aerospatiale v. U.S. Dist. Court for the S. Dist. of Iowa, 482 U.S. 522 (1987)
Schrems II decision
Recent U.S. case law
Break | 2:00pm – 2:10pm
III. Strategies for navigating the conflict | 2:10pm – 2:40pm