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e-Discovery and U.S.Privacy Laws

By David A. Sorensen and Michael Hamilton

U.S. data privacy laws pose complex issues for corporations, especially in the context of e-discovery. The associated risks are multi-faceted and subject to diverse internal and external agents. For example, the fragmented nature of data privacy laws at the state, national and international levels makes it increasingly difficult for an organization to track regulatory compliance. Furthermore, the rapid increase of data volumes in the “wild” (e.g., tablets, smartphones and the Cloud) are creating even more sources of private information. Understanding all of these data privacy issues and how they impact the e-discovery process is crucial for defensively managing e-discovery in the United States.

The Current U.S. Data Privacy Landscape

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