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E-Discovery and Data Privacy - A Practical Guide (Hardcover)
Loot Price: R6,052
Discovery Miles 60 520
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E-Discovery and Data Privacy - A Practical Guide (Hardcover)
Expected to ship within 10 - 15 working days
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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 discoverypurposes. 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 rationale 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.
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