Legal Issues Raised by the Collection of Electronically Stored Information in Russia and China

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Legal Issues Raised by the Collection of Electronically Stored Information in Russia and China

Patrick Burke, Senior Director and Assistant General Counsel, Guidance Software, Inc., USA

Collections of electronically stored information (“ESI”) around the world often implicate  local law including restrictions protecting the privacy rights of the individuals from whom data is collected.  Collections of ESI in Russia and the People’s Republic of China (“PRC”) present legal issues not faced in other jurisdictions. This article describes some of the legal and procedural challenges faced when collecting ESI in Russia and the PRC for delivery outside those two countries.  


Patrick Burke is Senior Director and Assistant General Counsel for Guidance Software, Inc. where he performs in-house legal functions and works with corporate law departments of other companies in the U.S. and Europe implementing defensible in-house eDiscovery processes. He serves on the Sedona Conference Working Groups 1 and 6.

Prior to joining Guidance, Patrick was a U.S. Associate in the commercial litigation department of Linklaters, the London-based Magic Circle law firm, where in addition to litigating cases he co-headed Linklater’s firm-wide eDiscovery working group.  Previously he was a litigation associate at Paul, Weiss, Rifkind, Wharton & Garrison and Seward & Kissel.  He attended N.Y.U. School of Law and served as a Law Clerk to U.S. District Court Judge Glenn E. Mencer (W.D. Pa.).
Patrick speaks regularly at legal conferences on topics including eDiscovery law and best practices, privacy, European data protection, digital evidence and cybersecurity.  He is regularly invited to organize and moderate panels of judges on both sides of the Atlantic, including conferences in New York, London, Brussels, Munich, Philadelphia, Las Vegas, Warsaw, Washington DC and elsewhere.  

Guidance Software is recognized globally as the world leader in eDiscovery and other digital investigations.

Our EnCase® software solutions provide the foundation for corporate government and law enforcement organizations to conduct thorough and effective computer investigations of any kind, including intellectual property theft, incident response, compliance auditing and responding to eDiscovery requests—all while maintaining the forensic integrity of the data.
We also offer customized services in eDiscovery, incident response, computer forensics, evidence presentation and trial testimony, utilizing a team of former law enforcement professionals, eDiscovery and litigation support experts, information assurance specialists and project managers who have front-line, hands-on experience in all areas of digital investigations.
Guidance Software trains over 6,000 corporate, law enforcement and government professionals annually in the areas of computer forensics, enterprise forensics, eDiscovery, and computer incident response. Courses and materials are offered in a variety of languages in Guidance Software facilities worldwide, through partners and online.
Our customers are corporations and government agencies in a wide variety of industries, such as financial and insurance, technology, defense, energy, pharmaceutical, manufacturing and retail. More than 100 of the Fortune 500 and over half of the Fortune 50 use EnCase solutions, including: Allstate, Chevron, Ford, General Electric, Honeywell, Mattel, Northrop Grumman, Pfizer, UnitedHealth Group, Viacom and Wachovia.
Guidance Software is recognized by industry analysts such as Gartner, Forrester and IDC as a worldwide leader in digital investigations.

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