header-logo header-logo

Voyage of discovery

08 July 2010 / Costa Kypre
Issue: 7425 / Categories: Features , Profession
printer mail-detail

Costa Kypre examines the complications of cross-border disclosure

The prospect of embarking on a cross-border e-discovery exercise is complicated by the fact that many countries around the world have widely differing legal systems and philosophies with regard to data privacy and disclosure.

The US has a very broad discovery system, whereas member states of the European Union, Canada and Asia have a much more proportionate approach to disclosure and often have very complex data privacy rules, which specifically prohibit the liberal discovery approach taken by the US legal system.

This can be especially problematic when a cross-border discovery exercise is being led from the US. Further, now that many companies have a global presence, there is often data that may be relevant to an investigation or litigation which originates in one or more European offices. Europe in particular has a long history of fiercely protecting the individual’s right to privacy, which often causes an obstacle to a US-led discovery fulfilling its discovery obligations.

Potential consequences

The consequences of violating these conflicting principles can be

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll