Successfully Navigating Cross-Border E-Discovery Disputes

Conducting cross-border e-discovery is rife with challenges, but it has become an inescapable part of doing business globally. Fortunately, there are processes and policies that will help an enterprise successfully navigate these treacherous waters and ensure a successful outcome when engaged in a cross-border dispute.

Sun Microsystems (Nasdaq: JAVA) CEO Scott McNealy summed up the American policy on the disclosure of corporate and personal information when he said, "You already have zero privacy -- get over it."

Corporate America has widely accepted the erosion of data privacy and the fact that electronic data residing within an organization is no longer private. Legal and IT departments take it one step further, understanding that any and all electronic data housed within an enterprise is subject to discovery for litigation or investigatory purposes.

Without weighing in on the pros and cons of our lack of information privacy, it is interesting to note that the U.S.'s laissez-faire concept of privacy exists in stark contrast to the ideas held in much of the developed world, where data privacy is a "fundamental human right."

However, as regulators increasingly crack down under laws such as the Foreign Corrupt Practices Act (FCPA), and more and more business transactions cross international borders, this debate moves from the philosophical to the practical.

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Source: technewsworld.com
By: Dean Gonsowski