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Protecting Privacy in Cross-Border Litigation
For U.S.-based, multinational organizations, privacy statutes in foreign nations have become a minefield that threaten to disrupt the day-to-day operations taken for granted at home. The problem is especially acute for companies performing e-discovery and related operations since they must meet the Federal Rules of Civil Procedure (FRCP) obligations related to the production of electronically stored information (ESI). This paper discusses the importance of proactively managing the use of ESI based in foreign countries.