Legal news and trends for Canadian in-house counsel and c-suite executives
Issue link: https://digital.canadianlawyermag.com/i/50881
is now in everybody's rules, that's the way to go. But we're not there yet. . . . MACFARLANE: Frequently, there'll be subpoenas from U.S. courts where the lawyer will send a subpoena saying please give me all your records. And once again, they have to pro- tect privacy. We can't do that, so we direct them to go to the letters rogatory process where they can get the order blessed in Ontario to get the records, but the U.S. says, I don't want to have to get an order in Ontario, and back and forth. Once again, you have to make sure you are compelled in the jurisdic- tion to produce the records. Litigation Services BRING ALL THE PIECES TOGETHER E-Discovery Solutions from LexisNexis® Whether your matter is large or small, complex or straightforward, LexisNexis gives you the pieces you need to solve the e-discovery puzzle. • LAW PreDiscovery™ and Concordance® — Software that gives you the power to effi ciently in-source your e-discovery projects. • Applied Discovery® — Manage complex e-discovery projects using our end-to-end service offering, and powerful project resources. call 1-800-245-8926 or email litigationservices@lexisnexis.ca. FOR A COMPLIMENTARY CONSULTATION OR SEMINAR FOR YOUR LEGAL TEAM ELECTRONIC INFORMATION STORED OUTSIDE CANADA FRIEDMAN: It is certainly an issue getting the data out, sometimes, from a jurisdiction that has a blocking statute or privacy legislation, from European countries. . . . You often spend time negotiating with the privacy commis- sioners of various jurisdictions to say, This is what we're going to do before the clawback or take the data out of the jurisdiction. I think that the privacy review has to happen locally, I think, but it doesn't always. SCHWEIZER: I don't know if there is any judicial consideration of the appro- priateness of the lawyers doing privacy privilege relevance reviews when they are not licensed to practise in the jurisdiction. That is an issue that will have to be dealt with at some point. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under licence. Concordance and Applied Discovery are registered trademarks, and PreDiscovery is a trademark, of Applied Discovery Inc. © 2010 LexisNexis Canada Inc. All rights reserved. CAMPBELL: There is another area related to this that you won't have seen on the e-discovery issue but I have and others in the judiciary have and that's, I think, there is getting to be a grow- ing recognition of the transparency of borders for certain purposes, but a rec- ognition . . . that where information initiates locally, that place should be the best determiner of what happens, and it is coming because of things like child porn. And we have got very good co- operation from Internet service provid- ers where the police or private organiza- tions have come to the court asking for assistance to get help from the court in which that service provider originates or the domain name came from. More on the criminal side. But they are seeing it as a growing co-operation of saying, you 32 • JUNE 2010 ntitled-5 1 INHOUSE 5/6/10 4:13:56 PM