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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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