Litigation and International Data Privacy: Is a Company Permitted To Transfer Personal Data From Europe to the US in Litigation?

EU data privacy law has made it clear that personal data of people in Europe is granted heightened protections around the use and sharing of that information. But what happens when EU personal data is the subject of discovery in U.S. litigation? 

 

This comprehensive CLE will provide an overview of EU restrictions on transferring personal data across borders, the tension between U.S. litigation rules and EU data privacy laws, and possible solutions for addressing both.

 

Presenter Bios 

 

David Zetoony, Co-Chair of the firm's U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he has defended corporate privacy and security practices in investigations initiated by the Federal Trade Commission, and other data privacy and security regulatory agencies around the world, as well as in class action litigation.

Diane D. Reynolds represents private and publicly held entities in mergers and acquisitions, as well as matters involving corporate finance, corporate governance, compliance, and strategic growth initiatives. Diane has served as general counsel to businesses in the technology, financial services, and consumer products sectors, and has deep experience representing companies and investors in change-of-control transactions. She utilizes her deep experience in the technology sector to handle matters involving privacy and data security.

 

Diane has served as advisor to, and as a director of, several public and privately held companies, including a financial services company and a health care technology company. She is a past board member of a NASDAQ-listed financial company, a position which she held for ten years.

 

 

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice where she advises clients on complex data privacy and security issues. She has led more than 1,000 data breach investigations. A litigator by background, Jena defends companies against privacy and data breach litigation, with an emphasis on class action lawsuits. She has designed and conducted dozens of data breach tabletop exercises to empower clients to respond effectively to a data security incident. She also counsels companies on data privacy and security compliance programs and advises on cyber risks associated with mergers and transactions. Jena also advises a diverse array of clients on compliance with existing and emerging privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Gramm Leach Bliley Act (GLBA), and the Health Insurance Portability and Accountability Act (HIPAA). She is a certified privacy professional through the International Association of Privacy Professionals (CIPP/US), for which she is a former KnowledgeNet Co-Chair.

 

Jena is a passionate advocate of diversity and inclusion. She currently serves as a board member of the Chicago chapter of Women in Law Empowerment Forum.