Foreign Privacy Laws vs. U.S. Discovery Obligations

Description

Courts have never been fond of plaintiffs who flock to a faraway forum seeking justice when a more appropriate forum lies around the corner. So it comes as no surprise that in Columbia Pictures Indus. v. Bunnell, 2007 U.S. Dist. LEXIS 46364 (C.D. Cal. June 19, 2007), the court gave short shrift to defendants who sought the protection of Dutch law to avoid preserving and producing relevant information while allegedly facilitating the worldwide downloading of copyrighted movies and music. While the case raises significant issues in electronic discovery due to the court ordering the defendants to preserve transient data stored in random access memory (“RAM”), it also underscores the longstanding general principle that those who do business in the United States must accept the burdens along with the benefits of U.S. law.

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