Litigants navigating the conflict between U.S. discovery obligations and foreign data protection laws have a new ally, the American Bar Association (“the ABA”). The ABA recently passed Resolution 103, which “urges” that:

[W]here possible in the context of the proceedings before them, U.S. federal, state, territorial, tribal and local courts consider and respect, as appropriate, the data protection and privacy laws of any applicable foreign sovereign, and the interests of any person who is subject to or benefits from such laws, with regard to data sought in discovery in civil litigation.