Privacy Law Blog

Tag Archives: discovery

R-E-S-P-E-C-T, Cross-Border E-discovery

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 … Continue Reading

Third-Party Bank Remains Caught Between an Order Compelling Production and Malaysian Law – Coercive Sanctions Recommended

Our April 1, 2010 blog entry discussed the March 8, 2010 Order in Gucci Amer., Inc. v. Curveal Fashion, No. 09 Civ. 8458 (S.D.N.Y.) (the "Order"), compelling the third-party U.S. parent (the "U.S. Parent") of a foreign bank, to produce documents located at its subsidiary, despite claims that such production was illegal under Malaysian banking secrecy laws. The entry concluded by noting the no-win situation that foreign corporations continue to be placed in by the tension between U.S. courts and foreign law. Subsequent history in this matter further illustrates the seriousness of this predicament. … Continue Reading

Possible Consequences to a Third Party for Violating a Foreign Blocking Statute Outweighed by Plaintiff’s Need for Banking Records to Enforce a Judgment

On March 8, 2010 the SDNY issued the latest opinion addressing the conflict between U.S. discovery laws and foreign blocking statutes. In Gucci Amer., Inc. v. Curveal Fashion, the court compelled a third-party to produce documents located at its subsidiary despite claims that such production was illegal under the Malaysian law. This opinion illustrates the no-win situation that foreign corporations continue to be placed in by the tension between U.S. courts and foreign law, and underscores the importance of raising foreign-law based discovery objections as early and in as detailed a manner as possible in order to maximize the chances of successfully navigating this conflict. … Continue Reading

Discovery Ruling Raises Significant Privacy and E-Discovery Concerns

In a recently unsealed order, Central District of California Magistrate Judge Jacqueline Chooljian ruled that data contained in a computer server’s Random Access Memory (RAM) is “electronically stored information” for purposes of Federal Rule of Civil Procedure 34. She also ordered the defendant to begin logging the contents of certain servers’ RAM and producing the logs.… Continue Reading

California Court of Appeal Reaffirms Adequacy of Opt-Out Notice to Protect Privacy of Individual Identity and Contact Information in Litigation

On April 9, 2007, the California Court of Appeal, Second Appellate District, affirmed a ruling of the Los Angeles Superior Court permitting the disclosure to counsel for a putative class of the names, addresses, and telephone numbers of the defendant's current and former employees unless, following proper opt-out notice, they objected in writing to the disclosure. … Continue Reading
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