Expect Foreign Privacy Law Defense To US Discovery To Fail

Law360, New York (March 7, 2014, 1:31 PM EST) -- ​The Delaware Court of Chancery recently rejected a party’s attempt to object to the production of documents located in France on basis of the French Data Protection Act (“FDPA”). In re Activision Blizzard Inc. Stockholder Litig., C.A. No. 8885-VCL, --- A.3d ---, (Del. Ch. Feb. 21, 2014) (Laster, Vice Chancellor).

The FDPA defines “personal data” broadly and sanctions violators with hefty fines and incarceration. The court held that compliance with the FDPA could be achieved through a confidentiality order “of the type customarily used” in the...
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