Tag: Cross-Border Data Transfer

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Chinese Data Security, Data Protection, and Cybersecurity Law: A Recent Enforcement Action Resulting in Large Fines Highlight Risks
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In re del Valle Ruiz, No. 18-3226 (2nd Cir. 2019).
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In re CA Investment (Brazil) S.A (District of Minnesota, 2019)
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United States v. Asgari (6th Cir., 2019)
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Brooks Sports, Inc. v. Anta (China) Co., Ltd. 1:17-cv-01458 (E.D. Virginia, 2018)
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In re Ex Parte Application of Levi Strauss & Co (Northern District of California District Court, 2018)
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In re: Application of Biomet Orthopaedics Switzerland GMBH Under 28 U.S.C. 1782 For An Order to Take Discovery for Use In A Foreign Proceeding, No, 17-3787 (3rd Cir. Aug. 6, 2018).
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In re Application of HANSAIN VEST Hanseatische Investment-GmbH in respect of the Fund Aramea Rendite Plus; Trinity Investments Designated Activity Company (S.D. New York, 2018)
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In re Schlich, 893 F.3d 40 (1st Cir. 2018).
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Animal Science Prods., Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (S. Ct. June 14, 2018).

Chinese Data Security, Data Protection, and Cybersecurity Law: A Recent Enforcement Action Resulting in Large Fines Highlight Risks

Electronic discovery for US litigation and legal proceedings often implicates data outside the US.  As data privacy and protection laws evolved around the globe, it’s critical to understand the limitations obstacles that may arise when collecting, processing, reviewing, and producing such data. China’s Data Security Law (“DSL”) and Personal Information Protection Law (“PIPL”), both enacted in 2021, have received heightened attention following China’s imposition of fines totaling roughly $1.2 billion in light of violations of these laws and its Cybersecurity Law (“CSL,” enacted in 2017) by Didi, China’s largest ride-sharing service provider.  China’s DSL and PIPL are particularly noteworthy of their potential application to data processing and transfer actions that may occur both during the ordinary course of business and in response to litigation in other jurisdictions, such as the United States.

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In re CA Investment (Brazil) S.A (District of Minnesota, 2019)

Key Insight: Foreign corporation can seek discovery of American party to be used in foreign court if its narrowly tailored

Nature of Case: corporate share agreements, corporate ownership international

Electronic Data Involved: documents (generally)

Keywords: foreign proceedings, corporate ownership, discovery, foreign corporation

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Brooks Sports, Inc. v. Anta (China) Co., Ltd. 1:17-cv-01458 (E.D. Virginia, 2018)

Key Insight: Failure to produce discovery and making misrepresentations about the nature and content of documents so as to not produce them.

Nature of Case: trademark infringement

Electronic Data Involved: business documents, text messages, personal messages of employees.

Keywords: Compel, “chinese privacy law” misrepresentation,

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In re Ex Parte Application of Levi Strauss & Co (Northern District of California District Court, 2018)

Key Insight: Party could obtain discovery of websites archived by American company for use in a foreign tribunal

Nature of Case: trademark enforcement

Electronic Data Involved: archived websites

Keywords: foreign discovery, archived websites, Section 1782 application, international trademark enforcement

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In re: Application of Biomet Orthopaedics Switzerland GMBH Under 28 U.S.C. 1782 For An Order to Take Discovery for Use In A Foreign Proceeding, No, 17-3787 (3rd Cir. Aug. 6, 2018).

Key Insight: Trial Court had denied request for documents. Third Circuit remanded for further review based off four-factor discretionary test after finding that it met the basic statutory requirements to be considered.

Nature of Case: Trade Secret

Electronic Data Involved: Documents in US, desired for foreign matter

Keywords: foreign proceeding.

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In re Application of HANSAIN VEST Hanseatische Investment-GmbH in respect of the Fund Aramea Rendite Plus; Trinity Investments Designated Activity Company (S.D. New York, 2018)

Key Insight: Whether US based discovery can be used in a foreign proceeding

Nature of Case: 28 U.S.C. 1782 request for US based Discovery to be used in a foreign proceeding

Electronic Data Involved: Business documents

Keywords: US based discovery, foreign proceeding, serve document subpoenas

View Case Opinion

Animal Science Prods., Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (S. Ct. June 14, 2018).

Key Insight: Foreign Government statements should be weighed by 5 factors. Courts should afford consideration, but are not bound to conclusively accept the statements of foreign governments.

Nature of Case: Price Fixing

Electronic Data Involved: Foreign Government Statement

Keywords: Foreign Law

View Case Opinion

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