Emerging and evolving data privacy regulations aren't dismantling established case law or best practices—at least not yet. But as privacy requirements continue to change, panelists at the "Highlighting Challenges in the Intersection of Data Privacy and Discovery" Legalweek(year) session noted data transfer processes for discovery may need to be reevaluated.

To be sure, organizations still have various avenues for protecting transfers of data for discovery, noted panelist and JPMorgan Chase & Co. legal discovery management vice president Ifeoma Anekwe.

"Look at if you can obtain that information in the U.S. If you can, collect in the U.S., that avoids dealing with non-U.S. regulations," Anekwe explained. "The second thing you might consider is the question of consent. Are you able to get consent from the relevant parties?"