Extract from FRONTEO’s article “Important eDiscovery Considerations for Japanese Companies – Part 1”
Organizations in Japan, and generally across Asia Pacific (APAC), have experienced a sharp increase in eDiscovery related work over the past several years due to a rise in cross-border litigations and investigations. It is more critical now than ever before to take stock of important considerations when evaluating and partnering with service providers that will guide and support your eDiscovery needs.
This blog will cover four critical factors that relate to cross-border matters that should always be considered when selecting a proficient eDiscovery service provider that will have the appropriate solutions and experience to provide the required guidance and assistance.
1. Local Skilled Resources
No matter the jurisdiction in which discovery work occurs, in most instances, it makes is prudent to have a partner or local resource that has in-country experience and knowledge to ensure a thorough and defensible process. Retaining the services of local discovery specialists with native speakers who can suggest potential keywords for searches, review data on-site and avoid the need to transfer data, as well as provide advice regarding cultural and political nuances, is a key part of initial project planning.
The various phases involved in discovery typically dictate the points at which you may want to involve local resources for support; however, having a domestically based partner with extensive experience supporting cross border work will undoubtedly facilitate the development and execution of required workflows, and assist in realizing substantial cost savings and workflow efficiencies.
Local counsel or local service providers experienced in eDiscovery collections also provide great value as conduits to US-based attorneys by acting as a mitigating party, explaining sovereignty issues, integrating paper and data into one database, and collecting data before spoliation occurs. One thing to always keep in mind is that judges and regulators are not terribly sympathetic to the differences between APAC and US customs and laws as they relate to electronically stored information (“ESI”), so developing a meaningful partnership with a local eDiscovery service provider is crucial.
