The Next Wave of Data Privacy: What the GDPR, Privacy Shield and Brexit Mean for U.S. Intellectual Property Litigation (Live MBHB Webinar)

Thurs., Aug. 25, 2016 | 10:00-11:15 a.m. CT | Live MBHB Webinar via WebEx

The past year has seen a number of substantial developments in the field of data privacy, particularly in the European Union and in the EU’s interactions with the United States. As Europe further strengthened its privacy regime through the introduction of the General Data Protection Regulation (“GDPR”), uncertainly about the application of European privacy laws arose due to the Schrems decision, the abrogation of the EU-US Safe Harbor program, the rejection of the first attempt to enact the Privacy Shield, questions about the viability of Privacy Shield version 2, and the decision of the United Kingdom to leave the European Union. Far from being limited to the EU, however, the push for ever increasing data privacy rights has also given rise to significant developments in the Asia-Pacific and Latin American regions. These developments have been coupled with a proliferation of data localization laws further complicating the analysis of how to obtain, review and store data for purposes of litigation. Meanwhile, U.S. courts continued to apply the Aerospatiale factors in a manner that predominantly requires production of documents and data notwithstanding the potential conflict with foreign privacy laws. This webinar will provide a brief overview of the recent developments and specific analysis of:

  • How the implementation of the GDPR and Privacy Shield over the next several years will likely affect the ability of U.S. litigants to obtain data residing in the EU

  • How U.S. litigants can leverage the new Privacy Shield provisions to streamline discovery

  • What Brexit may mean for the overarching European privacy regime and U.S. litigation with multi-nationals in the EU

  • Where the most significant issues will arise for U.S. litigants in the Asia-Pacific and Latin American arenas

  • Where U.S. courts are heading with respect to application of foreign data privacy laws 


Presenter(s): MBHB managing partner S. Richard Carden


Access an archived audio version of this webinar here.

NOTE: MCLE credit is not available for this archived recording.

McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.