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Federal E-Discovery: Confidentiality Order Sufficiently Protects EU Data in U.S. Discovery

April 7, 2020

Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column appeared in the April 7 issue of the New York Law Journal. The article, “Confidentiality Order Sufficiently Protects EU Data in U.S. Discovery,” discusses a recent court opinion that weighed the competing interests of U.S. civil litigation discovery and international data pri­vacy. In the class action In re Mercedes-Benz Emissions Litig., the court confirmed that a Discovery Confidentiality Order sufficiently protects unre­dacted personal data of EU Citizens, such as their names and positions—information considered benign by U.S. discovery standards, but pro­tected under international data pri­vacy laws. Chris and Dan note that, “[w]hen U.S. discovery involves protected personal data, par­ties and their counsel should … strongly consider entering into a protective order governing the handling, designation, and pro­tection of such information.” E-discovery counsel Ross Gotler and e-discovery attorney Lidia Kekis assisted in the preparation of this article.

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