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A Balancing Act: Mitigating Data Privacy Risks in Cross-Border Discovery
The intersection of foreign laws governing data collection and cross-border discovery operations continues to be a potentially volatile conjunction. Global enterprises have been cautioned to tread carefully when responding to U.S.-driven discovery requests, as expansive discovery exercises, so common in the U.S. under federal and state laws of civil procedure, can be completely foreign and often legally problematic in jurisdictions abroad.
Accordingly, discovery requests implicating custodians and data outside the U.S. can potentially put organizations in a Catch-22: either fall short of their discovery obligations on the one hand or fall afoul of legislation in other nations prohibiting or limiting data collection and transfer to the U.S. on the other. Laws potentially conflicting with discovery obligations include blocking statutes, requirements pertaining to works council agreements and, perhaps most significantly, data privacy regulations.
In particular, it has been EU data privacy regulations, including the General Data Protection Regulation and its predecessor the Data Protection Directive of 1995 that have threatened to pose the most significant potential roadblocks to discovery requests. Given the care with which personal data must be treated under the GDPR (security requirements, data minimization obligations, rights afforded data subjects), accountability for those handling such data and the regulatory and civil fines possible under the regulation, cross-border discovery across the EU seems to warrant an especially heightened level of scrutiny.
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Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
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Revolutionizing Workplace Design: A Perspective from Gray Reed
In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.
From DeepSeek to Distillation: Protecting IP In An AI World
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