Cross-border eDiscovery: Insight from the Trenches
Original Broadcast Date: Wednesday, May 22, 2013
Attorneys and litigation support personnel increasingly confront different and at times competing jurisdictional requirements when responding to cross-border legal and regulatory requests. Different data protection regimes and legal systems, especially in the United States and various EU states, directly impact how eDiscovery is conducted. Even more troubling, however, are the legal and ethical conundrums these differences create for eDiscovery professionals.
In this webinar roundtable we will examine some of the key eDiscovery issues that attorneys confront when data pertinent to litigation or regulatory investigations crosses borders and the role of technology in addressing these issues. We will examine:
- Best practices for addressing the retention, preservation and collection of ESI affected by different data protection laws
- The impact of “proportionality” requirements in different regimes on discovery obligations, litigation budgets, and cost shifting?
- The limits different legal systems place on how advanced eDiscovery technologies and techniques can be deployed
- Jonathan Armstrong, Esq.
- Duane Morris
Jonathan P. Armstrong practices in the area of corporate law with a concentration in technology and compliance. Mr. Armstrong's practice includes counseling multinational companies on matters involving risk, technology and compliance across Europe. He has handled legal matters in more than 60 countries involving emerging technology, corporate governance, ethics code implementation, reputation, internal investigations, marketing, branding and global privacy policies. Mr. Armstrong has counseled a range of clients on breach prevention, mitigation and response. Mr. Armstrong has also been particularly active in advising multi-national corporations on their response to the UK Bribery Act 2010 and its inter relationship with the U.S. Foreign Corrupt Practices Act (FCPA).
- Shannon Smith, Esq.
- Director of Information Governance & General Counsel
- Globanet Inc
Shannon Smith is the Director of Information Governance and General Counsel at Globanet where she manages a portfolio of ediscovery and compliance offerings, including services to support the industry-leading ediscovery platform, Clearwell. Shannon also consults directly with corporate legal teams to develop policies and processes to support information governance programs. As an experienced attorney, Shannon brings an extensive knowledge of regulatory compliance, litigation readiness, and records management issues to her role. She has been involved in industry groups EDRM and Sedona Conference and has contributed articles to a number of publications including Corporate Counsel and Information Management. Shannon has also spoken to various groups regarding cloud technology, preservation processes, and reducing ediscovery costs. She is a Certified eDiscovery Specialist and holds both a Juris Doctorate and MBA from Loyola Marymount University.
- Philip Favro
- Discovery Counsel
- Symantec Corporation
Philip Favro brings over thirteen years of discovery expertise to his position as Discovery Counsel for Symantec Corp. Phil is a speaker, author, blogger and consultant on the challenges that electronic data have imposed on information retention and eDiscovery practices, and how to address those challenges in legal matters. Phil’s expertise has been enhanced by his practice experience as a commercial litigation attorney in which he advised a variety of clients regarding complex discovery issues. Phil is a member of the California and Utah bars. He also belongs to the ABA’s Science & Technology Section and to Working Groups 1 and 6 of The Sedona Conference.
- David Bayer
- Director, eDiscovery
- Symantec Corp.
David Bayer is Director of Product Marketing for eDiscovery at Symantec. Mr. Bayer has 20 years of experience leading global, results-oriented marketing, alliance and product initiatives in electronic discovery, search, and content/knowledge management. Prior to joining Symantec David was VP of Marketing and Alliance Development at Stratify, where helped leverage the company’s proprietary taxonomy and categorization software into an innovative cloud-based eDiscovery solution and then drive rapid penetration into the AmLaw 100.