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Emerging Laws Affecting Cross-Border Discovery

Level: Advanced
Runtime: 58 minutes
Recorded Date: June 12, 2017
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  • The changing cross-border winds
  • US Case Law:
    • Societe Nationale Industrielle Aerospatiale and Societe de Construction d'Avions de Tourisme v. United States District Court for the Southern District of Iowa, 482 U.S. 522 (1987)
    • Trueposition, Inc., v. LM Ericcson Tel. Co., No. 11-4574 (E.D. Pa. Mar. 06, 2012)
    • Motorola Credit Corp. v. Uzan, No. 02-CV-666 (S.D.N.Y. 2014)
  • Hague Convention
    • Article 23
  • The GDPR (General Data Protection Regulation)
  • Navigating cross-border challenges
  • Practical Tips
Runtime: 58 minutes
Recorded: June 12th, 2017


Counsel and data privacy professionals within organizations are struggling with a year of unparalleled volatility in cross-border Discovery. What is now required to process data? The fall of the U.S.-EU Safe Harbor Framework, the enactment of the General Data Protection Regulation and Brexit have led to constant and stringent changes in data privacy rules and regulations. The GDPR increases penalties for privacy violations to as much as four percent of a company’s annual global revenue. Navigating and understanding the implications of the new regulations will be crucial to successful cross-border data transfers.

This program was recorded on June 12th, 2017.

Provided By

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Whitney McCollum

Senior Corporate Counsel

Whitney McCollum is the Global Data Privacy attorney for AECOM, a Fortune 500 company that designs, builds, finances and operates infrastructure assets for governments, businesses and organizations. With offices in over 150 countries, Whitney is responsible for staying current on the privacy laws that affect AECOM globally and working with AECOM’s security, legal, HR, compliance, and procurement teams worldwide to keep AECOM’s data safe. Whitney also manages employment law matters for AECOM’s EMIA region.

Before AECOM, Whitney was Corporate Counsel at Renesas Electronics America where she advised the Renesas business teams on legal issues involving privacy, licensing, and commercial transactions and chaired the Intellectual Property Committee and Global Open Source Software subcommittee.

Before going in-house, Whitney was an intellectual property litigator at Morrison Foerster and O’Melveny & Myers. Whitney is CIPP/US certified and a member of the U.S. Patent Bar.

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Darin M. Sands

Shareholder, Co-Chair Privacy and Data Security Practice Group, Co-Chair E-Discovery, Technology and
Lane Powell, PC

Darin Sands is a litigator whose practice focuses on data security, privacy, antitrust and the resolution of other complex commercial disputes. Darin represents clients in a wide range of matters, including data breach and privacy litigation, international antitrust investigations and litigation, class actions, claims involving breach of contract and fiduciary duties, and counseling related to using technology to more efficiently achieve legal objectives. Darin is licensed to practice in Oregon, Washington and California, and works with clients in Lane Powell’s Portland and Seattle offices.

He currently represents numerous companies in ongoing data breach litigation and data breach response preparation efforts. He also frequently counsels clients on privacy-related legal challenges.

Darin is the Co-chair of the Firm’s Privacy and Data Security Practice Group and Co-chair of the Electronic Discovery, Technology and Strategy Practice Group.

He is also a member of the Firm’s Business Crisis Management and Emergency Remedies Practice Group and has significant experience representing clients at the TRO and preliminary injunction stage of litigation.

He is a skilled project manager with a Yellow Belt certification in Legal Lean Sigma? and Project Management.

In 2006 and 2007, Darin served as a Judicial Clerk to the Honorable Robert S. Lasnik of the Western District of Washington.

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David R. Cohen

Reed Smith LLP

David is the chair of Reed Smith’s Records & E-Discovery Group. He has 30 years of commercial litigation experience in a variety of subject matters. David serves as special e-discovery counsel in many cases, represents companies incomplex litigation matters, and also counsels clients on records management and litigation readiness issues.

David has been involved in setting up the E-Discovery Special Masters (EDSM) program in the U.S. District Court for the Western District of Pennsylvania, and he has been appointed to serve as an EDSM in three separate cases by three different Federal judges. He also served on the Pennsylvania E-Discovery Rules Subcommittee, chaired by Allegheny County, PA Common Pleas Judge Stanton Wettick.

In addition, David has designed and presented e-discovery training programs for judges and neutrals around the country; has authored numerous legal publications; and is a frequent presenter at continuing legal education seminars regarding e-discovery, technology, and litigation tactics (listing of recent publications and speaking engagements contained herein).

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