Court Orders Disclosure of German ESI Overruling Objections Based on German Law and Hague Convention

Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010).  In this breach of contract case, the defendants objected to disclosure of ESI related to the case since disclosure would be blocked by German law and the Hague Convention rules.  The basis of their objection was that it would be a "huge breach of fundamental privacy laws in Germany" and subject the defendants to "civil and criminal penalties for violating the German Data Protection Law . . . (Click here to read more and get a copy of the opinion).

Arkfeld on Electronic Discovery and Evidence (2nd Ed.), § 7.7, Request to Produce and Inspect.