Tessa Jacob will present "eDiscovery Cutting Issue 2: It's You and Me Against the World, Baby," at the 15th Annual Sedona Conference Institute: Pre-Trial Practice in a Post-Pandemic World on May 17, 2022.
One of the unique aspects of eDiscovery that sets it apart from conventional discovery is that the data being sought is often found on servers that are in the "possession, custody, or control" of non-party entities who provide computer services to one or more parties. These may be entirely independent entities such as Internet service providers or may be subsidiaries or parent entities of a party who operate computer networks for a consortium. In addition, these sources of discoverable data may be located outside of the immediate jurisdiction of the court, in foreign countries, or even "in the cloud," wherever that is, presenting a host of challenges in navigating different privacy and data protection regimes, data import/export controls, and even "state secret" restrictions. This session outlines the various challenges to non-party and foreign discovery and provides practical approaches to get the evidence needed to support a claim or defense without committing a privacy violation or creating an international incident.
For more information, visit the conference website.