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GDPR-Based Objections to U.S. Discovery Requests: 2019 Year in Review
U.S. civil litigants faced with an obligation to produce "personal data" protected by GDPR, the European Union's General Data Protection Regulation, can find themselves on the horns of a serious dilemma. In 2019, the first full year since GDPR was enacted, not a single court excused compliance with a discovery request because of GDPR-based objections.
Initial rulings addressing the tension between the broad scope of data protected by GDPR and the similarly broad scope of discovery under U.S. Federal Rule of Civil Procedure 26 revealed substantial skepticism that complying with a U.S. discovery request would expose parties to significant enforcement risk in the EU. Nor do courts appear particularly sympathetic to the burdens associated with fulfilling discovery requests in a way that complies with GDPR.
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.