I
L
T
A
W
H
I
T
E
P
A
P
E
R
|
C
O
R
P
O
R
A
T
E
L
E
G
A
L
D
E
P
A
R
T
M
E
N
T
S
4
E
discovery counsel understand the
importance of balance. They are experts
at walking a tightrope, simultaneously
managing cost, large data volumes, complexity,
risk, case strate, deadlines, conflict with opposing
counsel, technolo needs, workflow and multi-
jurisdictional laws. With the emergence of stringent
data privacy legislation in Europe (GDPR), Brazil
(LGPD), California (CCPA) and other regions, the
already daunting tightrope is shrinking. New
requirements and limitations around personal data
and how it is stored, processed and transferred, is
presenting e-discovery counsel with an even more
challenging balancing act to maintain.
While data privacy considerations are not novel
concepts in e-discovery, the stakes are higher today
than ever before. Since GDPR enforcement began
earlier this year, hundreds of millions in fines have
been either issued or proposed for non-compliance.
Awareness in the U.S. is on the rise as well, with the
enactment of the CCPA on the horizon and dozens of
other strict privacy laws making the rounds through
state legislatures. Compliance with these laws typically
fall under the purview of attorneys and privacy
professionals in an organization's data privacy office,
leaving e-discovery counsel and litigators somewhat or
wholly removed from its impact on e-discovery.
Yet data privacy laws are affecting numerous
facets of e-discovery. For many organizations, the
most glaring burden will be on e-discovery costs.
Below are five steps e-discovery and litigation teams
B Y R E N A V E R M A
How Counsel Can
Find Solid Footing
in the E-Discovery,
Privacy Balancing Act
