The US' wide-reaching mandate for document discovery frequently comes into conflict with European privacy laws. Kristy Grant looks at how the international jurisdictions are attempting to solve the issues

It's a frequent headache for many a US law firm: a US court or regulator requires a multinational company to turn over records from its international subsidiaries. It can be complex enough to locate relevant information held by custodians employed by numerous subsidiaries and stored on servers in multiple countries around the world, but then the question is asked – is the data collection lawful?

The US parent wants to complete discovery as quickly as possible, mindful of the US court's power to impose sanctions and pronounce judgment for the other side if they fail to comply with their discovery obligations. Management of the European subsidiaries will be concerned whether their instructions to preserve and turn over documents complies with local privacy laws.