Matthew Knouff: Overseas Data – International Electronic Discovery

Matthew Knouff, attorney, joined Complete Discovery Source, Inc., as General Counsel and eDiscovery Counsel in 2008. Located in New York, CDS concentrates on providing eDiscovery services that combine cost certainty with defensible results. For more information, visit www.cdslegal.com.

Electronic discovery, or eDiscovery, involves the identification, preservation, collection, processing, review, and production of data such as email, social media content, digital photos, and other electronic documents stored in various formats for use in legal matters. One growing area of interest in the eDiscovery discipline is the preservation and collection of data from entities located overseas.

Discovery, as we know it in the U.S., is an alien concept in many foreign jursidictions. Foreign corporations that come under the long arm of U.S. jurisdiction or U.S. companies with overseas operations may find themselves facing a unique dilemma where they are required to produce data pursuant to a U.S. discovery obligation that may be protected under privacy regulations or subject to blocking statutes.

Fortunately, there are certain practical steps that can be taken to help mitigate what many practitioners may view as a choice between Scylla and Charybdis. For further reading, please follow the included link: http://www.metrocorpcounsel.com/articles/21817/cross-border-e-discovery-moving-towards-practical-solutions

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