This is a conference presented by the IBA Litigation Committee, supported by the IBA Corporate Counsel Forum and the IBA North America Regional Forum
This year, the IBA Litigation Committee will gather for its Annual Litigation Forum in San Francisco – the magnificent ‘City by the Bay’, the crossroads of the Asia Pacific Region, and one of the world’s leading technology hubs. During this not to be missed event, leading jurists and external/internal counsel.
Topics will include:
- The growing clash between privacy and information sharing rules in Europe and North America and their effect on litigation
- Litigating complex, high value technology disputes
- The latest opinions for the use of litigation as a dispute resolution mechanism in key Asian jurisdictions
Join Fatima Khan from WISP's Leadership Team at the IBA Litigation Forum.
Thursday, April 28, 2016 09:30 am – 123:0 pm
Lost in translation: Differing legal treatments of privacy and the effect on international litigation
Recent legal developments show a growing cultural clash between the civil and common law models of dispute resolution, and more generally between European and US ideals of privacy and justice. These different ideals not only mean differences in the availability of information but also differing risks and challenges in the production and sharing of information as a part of the litigation process. The European Court of Justice’s decisions on the ‘right to be forgotten’ and the transfer of data to the US show an increasing desire to regulate the internet and in particular social media and search technology. But many of the key players are fundamentally American – and indeed Californian – institutions that are deeply resistant to this. What is the practical effect of these differences in the conduct of international litigation? How can lawyers best help their clients to navigate these changing currents, and how can the differing rules emerging in each jurisdiction be used to a client’s advantage in ordinary civil disputes?
Session Chair: Michael L Novicoff
- Giles Crown, Lewis Silkin, London
- Niko Härting, Härting Rechtsanwälte, Berlin
- Fatima N Khan, Vice President for Legal Affairs, Airpush Inc, San Francisco
- Fernando Pérez-Correa, Solórzano Carvajal González y PérezCorrea, Mexico City
- César Rivera García, Cuatrecasas Gonçalves Pereira, Barcelona
- Bart Selden, General Counsel, Taulia Inc, San Francisco