The E-Discovery Divide Between The U.S. and Europe

A conference organized by Exterro featured a keynote presentation from Judge Andrew Peck from the Southern District of New York and a seasoned judicial expert from the UK, Steven Whitaker, who is a former Senior Master of the Senior Courts of England and Wales in the Queen’s Bench Division. The two judges discussed the key differences in e-discovery between the United States and Europe and the issues those differences raise for practitioners, including the difficult dilemma that can arise when U.S. courts essentially require what the law in Europe forbids. (The UK was cast as a kind of middle ground.) The two judges discuss strategies, if not solutions, as Europe continues to tighten and refine its privacy laws.