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Mitigate Risk in Handling eDiscovery Data Subject to the U.S. Export Control Laws and Regulations

The corporate world continues to see exponential growth in the generation of electronic data as a byproduct of business activity. Along with this growth come a number of responsibilities associated with the duty to preserve, identify, and transfer data, particularly when dealing with electronic discovery. In the context of document review and how data is delivered to an electronic discovery vendor, certain regulations need to be given careful consideration before that information changes hands.

There are several domestic regulations to consider, such as the Health Insurance Portability and Accountability Act (HIPAA) and the Fair Credit Reporting Act (FCRA), each of which imposes special handling requirements for data. In addition, international regulations such as blocking statutes and data protection laws complicate data transfers across national boundaries. In this paper, however, we focus on one of the less understood regulations that aim to protect the transfer of knowledge relating to military technology.

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