The Sedona Conference and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure (WG6) are pleased to announce that The Sedona Conference Commentary on Cross-Border Privilege Issues (“Commentary”) has been published for public comment. In our increasingly global world, multijurisdictional conflicts (and their attendant privilege issues) are becoming more common. Protections that limit discovery of documents and information under doctrines such as attorney-client privilege and the work-product doctrine vary from country to country. The differences are greatest between common law and civil law jurisdictions, reflecting material differences in the scope of discovery between these jurisdictions. The Commentary provides an overview of select laws and the differences between them and sets forth practice points to consider in managing and resolving the conflicts that can arise in multijurisdictional matters where the protections afforded in one jurisdiction may not be recognized in, or may be in conflict with, those of another. |
