Extract from H. Christopher Boehning and Daniel J. Toal's article "Confidentiality Order Sufficiently Protects EU Data in U.S. Discovery"
In 1987, the U.S. Supreme Court addressed a dispute highlighting the tension between the broad discovery allowable in U.S. civil litigation and the fundamental protection of personal data abroad and adopted a five factor comity analysis to balance these competing needs. U.S. courts applying this test have generally found the balance tilted in favor of disclosure of discovery materials.
The 33 years since, however, have brought significant change both to U.S. discovery and to data privacy. Discovery is no longer boxes from office filing cabinets; it is terabytes of electronic materials that can contain both business and personal information. And, data privacy is not a treaty of the Council of Europe; it is binding, long-arm laws around the world, led by the European Union’s General Data Protection Regulation (GDPR) and followed by similar laws worldwide—including in U.S. states.
I wanted a certification that separates me from my peers. Upon discovering CEDS, I was convinced this was exactly the type of distinction I had been seeking. Since achieving CEDS certification, I’ve noticed immediate recognition from my organization, colleagues, and current and prospective clients.They acknowledge they are more comfortable working with a person who has taken time to seek such certification. CEDS has certainly been worth the small investment and should continue to beget returns for years and years to come.
Andrew Bayer, CEDS
I get bombarded with all kinds of e-discovery stuff – news, blogs and whatnot. Let me tell you, you guys send the absolute best! I send it to all my partners and sales folks. I said, who are these guys? I have to get to know them better!
Kevin Glass, CEO
As a trial lawyer, day-to-day information processing is daunting for my client service. I’ve come to rely on ACEDS to keep me on the ‘edge’ of the curve on e-discovery. It’s a source I ‘ping’ ASAP.