In Book XII of Homer’s “Odyssey,” Odysseus faces an impossible scenario as he sails through a narrow strait: He must choose between a six-headed sea monster ready to devour his men or a dangerous whirlpool where some of his crew will pay the ultimate price.
Fortunately, the Hobson’s choice faced by Odysseus was mythical. But for global organizations that must engage in cross-border discovery, the danger of deciding between two evils is all too real. If they comply with U.S. data preservation obligations, they may violate the rights of employees, customers or other individuals under European Union and other international data protection laws. However, if these organizations respect those individuals’ data protection rights, they risk spoliation sanctions in U.S. courts that could deal a deadly blow to their case.
