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The Data Privacy Landscape: Emerging Laws Affecting Cross-Border Discovery

Level: Advanced
Runtime: 60 minutes
Recorded Date: February 01, 2017
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  • Why is an understanding of data privacy legislation necessary for efficient management of eDiscovery projects?
  • What are the challenges involved in balancing compliance with data privacy legislation and the need to provide discovery in an efficient and timely manner?
  • Which measures can organisations put in place in advance to simplify compliance during a project?
  • A look over the horizon – what will be the impact of the forthcoming GDPR?
Runtime: 1 hour
Recorded: February 1, 2017


In this session, a panel of leading eDiscovery experts will offer best practices for navigating the current state of cross-border data transfers unscathed. The panel will evaluate the impact of the General Data Protection Regulation, the EU-US Privacy Shield, blocking statutes and other data localization developments from around the globe, including in Russia, South America and the Asia-Pacific. Panelists will also review differing definitions of privacy in light of recent case law and discuss how they affect organizations’ legal obligations and suggest strategies for implementing safeguards and reducing the risks posed by these developing laws.

This program was recorded on February 1st, 2017.

Provided By

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Drew Macaulay

Managing Director

Drew Macaulay is Managing Director at Consilio in London, where he advises European clients on the technical and workflow aspects of large scale regulatory and internal investigations and litigation disclosure exercises. Drew has management responsibility for Consilio’s staff and offices in Western Europe.

Drew has worked in the eDisclosure/eDiscovery industry for more than ten years. He has particular expertise in the management of data collection and processing, complex multilingual searching and document review for cartel investigations, regulatory enquiries involving the financial services sector and IP litigation and arbitration. In addition, Drew frequently advises international law firms and corporate clients on the practical application of technology and managed document review in multijurisdictional matters to aid compliance with the relevant privacy legislation and procedural rules.

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Taylor M. Hoffman, Esq.

Sr. Vice President & Global Head of eDiscovery Management
Swiss Re America Holding Corporation

Taylor is the global head of eDiscovery at Swiss Re, a leading wholesale provider of reinsurance, insurance, and other insurance-based forms of risk transfer. In this role, he oversees all aspects of eDiscovery and related cross-border data transfers, including developing policies and procedures, and managing case work.

Prior positions include Corporate Counsel (Litigation and eDiscovery) at DISH Network, where he implemented an overhaul of DISH’s eDiscovery Process, and as a Litigation Associate at Covington & Burling LLP.

Taylor clerked for the Honorable Emilio M. Garza of the U.S. Court of Appeals for the Fifth Circuit, and received his JD from the University of Chicago.

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Natascha Gerlach

Cleary Gottlieb Steen & Hamilton LLP

Since 2009, Natascha has been managing the European Practice Support Department from our Brussels office, supporting the growing e-discovery needs of all European offices across all practice groups. Her team specializes in advising on the collection and systematic investigation and production of data throughout the life cycle of investigations, for litigation and arbitration, or in the M&A space for all European offices of Cleary Gottlieb.

Natascha also advises clients on dawn raid proceedings and focuses on all aspects of data privacy issues.

Natascha joined the firm in 2008 in our Washington, D.C., office and became a senior attorney in 2015.

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Catherine Castaldo

Global Chief Privacy Officer
Nuance Communications

Catherine Castaldo is currently the Global Chief Privacy Officer for Nuance Communications. In this capacity, Ms. Castaldo is developing and managing privacy and data protection program operations, providing leadership on privacy and data security matters, advancing organizational change on data governance, and chairing Nuance’s Privacy & Data Protection Council and Nuance’s Policy Review Council.

Prior to joining Nuance, Ms. Castaldo was Global Chief Privacy & Data Protection Counsel at GE Capital, where among other tasks, she managed privacy and data protection program operations, provided business counseling on privacy and data security matters, and advised on global information governance. Before GE Capital, Ms. Castaldo was a senior associate at White & Case LLP where she provided global, legal support to large multi-national clients of the firm in intellectual property, internal investigations, corporate defense, and commercial litigation.

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John Davis

Senior Counsel & Co-Chair, eDiscovery and Information Management
Crowell Moring

John Davis is co-chair of Crowell & Moring’s E-Discovery & Information Management Practice and a member of the Litigation Group. John has over 20 years of experience advising clients on information law issues – including discovery, data analytics, privacy, cross-border transfers, cybersecurity, information governance and emergent technology – and representing companies in complex litigations. He leads responses to U.S. and foreign governmental inquiries, conducts international investigations of data breaches, and counsels companies on managing data risk in litigation and through their policies and procedures. John is an award-winning author and frequent lecturer on investigations and information law.

John received his law degree magna cum laude from the Georgetown University Law Center, where he was admitted to the Order of the Coif and served as senior articles editor of the American Criminal Law Review. Before joining Crowell & Moring, John was counsel at UBS and the head of its Global Complex Cases – E-Discovery group. John also practiced at an international law firm based out of its New York and San Francisco offices.

John is a member of the bars of the States of New York and California (inactive), the U.S. Supreme Court, the U.S. Courts of Appeals for the Second and Eleventh Circuits, and multiple federal district courts.

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