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The Federal Rules of Civil Procedure, as well as state procedural rules, permit parties to a lawsuit to conduct discovery, in search of information and documents that may be relevant to the litigation. Parties can issue requests for documents, information (called interrogatories), and admissions of fact to other parties to the lawsuit; parties may use subpoenas to issue requests to third parties. When discovery issued in a U.S. civil proceeding seeks personal information regarding Europeans, or personal information that is held by an entity that is established in Europe, three main privacy questions arise.

Click here to continue reading the full article. Reprinted with permission from the Nov. 8, 2022, edition of the New Jersey Law Journal © 2022 ALM Media Properties, LLC. All rights reserved. 

Tags: cross border, discovery, EDPB, European Data Protection Board, European Union, GDPR, GT Insight, litigation, personal data, personal information
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Photo of Diane Reynolds Diane Reynolds

Diane D. Reynolds represents private and publicly held entities in mergers and acquisitions, as well as matters involving corporate finance, corporate governance, compliance, and strategic growth initiatives. Diane has served as general counsel to businesses in the technology, financial services, and consumer products…

Diane D. Reynolds represents private and publicly held entities in mergers and acquisitions, as well as matters involving corporate finance, corporate governance, compliance, and strategic growth initiatives. Diane has served as general counsel to businesses in the technology, financial services, and consumer products sectors, and has deep experience representing companies and investors in change-of-control transactions. She utilizes her deep experience in the technology sector to handle matters involving privacy and data security.

Diane has served as advisor to, and as a director of, several public and privately held companies, including a financial services company and a health care technology company. She is a past board member of a NASDAQ-listed financial company, a position which she held for ten years.

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Photo of Jena M. Valdetero Jena M. Valdetero

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice where she advises clients on complex data privacy and security issues. She has led more than 1,000 data breach investigations. A litigator by background, Jena defends companies against…

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice where she advises clients on complex data privacy and security issues. She has led more than 1,000 data breach investigations. A litigator by background, Jena defends companies against privacy and data breach litigation, with an emphasis on class action lawsuits. She has designed and conducted dozens of data breach tabletop exercises to empower clients to respond effectively to a data security incident. She also counsels companies on data privacy and security compliance programs and advises on privacy and cyber risks associated with mergers and acquisitions, venture capital, and securities. Jena also advises a diverse array of clients on compliance with existing and emerging privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Gramm Leach Bliley Act (GLBA), and the Health Insurance Portability and Accountability Act (HIPAA). She is a certified privacy professional through the International Association of Privacy Professionals (CIPP/US), for which she is a former KnowledgeNet Co-Chair.

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Photo of David A. Zetoony David A. Zetoony

David Zetoony, Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he

…

David Zetoony, Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he has defended corporate privacy and security practices in investigations initiated by the Federal Trade Commission, and other data privacy and security regulatory agencies around the world, as well as in class action litigation.

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