LAW 2724 - Global Compliance in the Digital Age
This course will explore and analyze the statutory and regulatory compliance challenges for management of electronic information and e-commerce and litigation discovery across industry and political borders, including the barriers of commercial and national cultures, history and differing legal systems as they pertain to the needs of accelerating e-commerce.
An analysis of the compliance network for electronic information requires an understanding of the daily interfaces essential to e-commerce and dialogue. These include consideration of privacy and data protection notions for personal data. The structure of common law and civil law systems will be compared with regard to standards of disclosure of electronic information for litigation and arbitration. Students will examine a practical framework for analysis of electronic information management from the U.S. and abroad, including health data, financial data and other protected information. They will look at U.S. federal and state information compliance schemes; privacy and data protection approaches in Europe, Asia and South America; how U.S. courts have approached the conflicts of laws dilemma, from the five-factor balancing test of Aerospatiale v. District Court of Iowa in 1987 to the present; relevant treaties such as the Hague Convention on the Taking of Evidence Abroad; trends toward reconciliation of the blurred cyber-borders of international e-commerce with established political boundaries; and collection of electronic evidence from abroad with an eye toward admissibility requirements.
The practical effects of how these statues and cases affect the daily activities of corporations and individuals and business and litigation will be seen in the drafting exercises will be seen in written work that will include preparation of discovery requests and responses; internal memoranda regarding potential motions to quash and Protective Orders; information governance policies and procedures; and training materials.
Prerequisites & Notes
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