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Information Governance & eDiscovery Strategy Exchange Munich Conference

Hudson Legal's Mark Yacano presented on the topic "Impact of US Long-Arm Jurisdiction on European eDisclosure" at the 2012 Information Governance & eDiscovery Strategy Exchange event, held in Munich, Germany on November 27-29, 2012. Mr. Yacano's presentation took place on November 28th from 11:40 am - 12:10 pm.

SUMMARY OF HUDSON LEGAL PRESENTATION:

There is a large push back on US judges that disregard the blocking statues currently in many European nations and differing perspectives on data privacy.  The “long arm” approach of US federal Judges, the SEC and other regulatory bodies is driving the growth of continental European discovery/eDiscovery.  Multinational firms with sister or child companies/subsidiaries are increasingly receiving US scrutiny, which is driving up the volume of eDiscovery matters. 

Many experts believe that the larger concern is scope and not privacy.  If and when the US can better narrow the scope of requests they will receive greater positive results from their continental interactions.   The recent opinions from the Sedona Conference and the ABA on a more collaborative approach to Continental European Discovery will help the situation; but practitioner on the continent or in the UK need to prepare for potentially dealing with US style Discovery.

  • Session will address Long Arm Jurisdiction generally
  • Methods to contain cost with traditional tools
  • Technology leveraged solutions to appease US while not breaking privacy directive

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