Trials and Translation

Managing e-discovery is complex enough in English, with cases such as Victor Stanley Inc. v. Creative Pipe Inc. emphasizing the dangers of failing to maintain and document defensible production methods. When a matter involves global business with electronically stored information (ESI) in multiple languages, the problems multiply. In-house counsel involved in multinational e-discovery must deal with a host of technical issues as well as legal complications in foreign jurisdictions.

Cross-Border Complications

The first stage of e-discovery--collection of the potentially discoverable ESI--is complicated by privacy laws. For example, the EU has strict privacy laws limiting the transfer of personal information across borders. But the EU and the U.S. have a "safe harbor" agreement allowing companies to transfer personal data out of the EU if they certify that they will provide adequate privacy protection. One solution is Web-enabled software that allows document collections hosted in one country to be securely accessed by legal teams elsewhere.

Michael Kozubek

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