A Patent Litigator's Perspective On Privacy Law

Law360, New York (January 16, 2014, 12:48 AM EST) -- ​Patent litigations typically dredge up terabytes of data through discovery. Patent cases having nothing to do with privacy will inherently bump up against a patchwork of state, federal and international laws governing the handling of personal data. These laws occasionally surface as a major obstacle in the conduct of the case and in ancillary disputes. Following is a guide to the problems that may arise, and some best practices to avoid them, in grappling with data privacy laws in patent litigations. Of course, these issues may be germane to litigation discovery more generally.

Foreign Data

Frequently, data collection must occur from...

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