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It is not unusual in corporate litigation for the outcome of a case to hinge
on the discovery in court of electronically-stored information (ESI). Yet in
most jurisdictions (notably among EU Member States) the withholding of such
information is required by privacy laws or even laws specifically blocking the
transfer of data for discovery purposes. Companies that ignore such laws may
face severe sanctions. In the United States, however, discovery of ESI is
often compulsory, and failure to comply can lead to contempt of court and
losing the case.
This book deals with the dilemma faced by multinational corporations when a
United States court demands discovery of ESI that is protected in other
countries. In fine detail the authors cover the full spectrum of possible
responses, from evaluating the comparative cost of legal sanctions in a
variety of major global jurisdictions to recognizing when to avoid litigation
entirely. The tone throughout is eminently practical, specifying the precise
nature and degree of risk involved and offering optimal solutions to all the
conflicts likely to arise. On the theoretical side, the rationales of both the
US e-discovery model and data privacy laws (focusing on the European data
protection directive) are clearly explained.
Specific jurisdictions covered include Austria, Belgium, Bulgaria, the Czech
Republic, Estonia, Finland, France, Germany, Greece, Hungary, Israel, Italy,
Latvia, Liechtenstein, Lithuania, Luxembourg, Macau, Malaysia, the
Netherlands, Norway, Poland, Portugal, Romania, Serbia, Singapore, Slovakia,
Slovenia, Spain, Switzerland, Taiwan and United Kingdom.
Given the huge growth in ESI among multinational companies over the last
decade, this book answers a need that is gaining ever more prominence in
international business. As such it is sure to be welcomed by litigators,
in-house counsel, and corporate executives as an essential tool in this
increasingly significant area of legal practice.
About the Editors. List of Contributors. Chapter 1 Introduction
Chapter 2 US E-discovery Chapter 3 EU Data Privacy Regulations
Chapter 4 Hague Convention on the Taking of Evidence Abroad Chapter 5.1
Austria Chapter 5.2 Belgium Chapter 5.3 Bulgaria Chapter 5.4
Czech Republic Chapter 5.5 Estonia Chapter 5.6 Finland
Chapter 5.7 France Chapter 5.8 Germany Chapter 5.9 Greece
Chapter 5.10 Hungary Chapter 5.11 Italy Chapter 5.12 Latvia
Chapter 5.13 Liechtenstein Chapter 5.14 Lithuania Chapter 5.15
Luxembourg Chapter 5.16 The Netherlands Chapter 5.17 Norway
Chapter 5.18 Poland Chapter 5.19 Portugal Chapter 5.20
Romania Chapter 5.21 Serbia Chapter 5.22 Slovakia Chapter 5.23
Slovenia Chapter 5.24 Spain Chapter 5.25 Switzerland Chapter
5.26 United Kingdom Chapter 6.1 Israel Chapter 6.2 Macau
Chapter 6.3 Malaysia Chapter 6.4 Singapore Chapter 6.5 Taiwan