Transcript eDJ Analyst Services

Webinar Sponsorship
Partner
Jason Velasco
Jason Velasco is an electronic discovery industry
veteran with more than 15 years of experience in
electronic
discovery
issues
and
forensic
investigations.
During
Mr. Velasco’s tenure as one of the
founders of Renew Data Corp, Vice-President of
Client Services at Merrill Corporation, and Director
in the Forensic Technology practice at KPMG, he
conducted more than 350 computer forensic
examinations for civil litigators and companies.
Mr. Velasco is a leading computer forensic
specialist providing expert witness services related
to electronic evidence topics and data preservation
issues, especially in spoliation matters.
Mr. Velasco has also conducted more than 700
CLE courses on topics such as eDiscovery,
document retention, preservation archiving,
collection methodologies, email archiving and
compliance, effective communication with IT, and
the technical aspects of electronic evidence.
Kate Chan
• Regional Managing Director of Kroll
Ontrack’s Legal Technologies unit in
Asia Pacific.
• Native of Hong Kong – fluent in
Mandarin and Cantonese.
• New York lawyer educated in New
York City with practice life starting
out on Wall Street.
• 8 years combined at Kroll Ontrack
eDiscovery Consulting, Client
Relationship, and Case Management
experience – most recently 5 of
such years in Asia assisting US
Multi-Nationals and Asia based
companies doing business in the
US.
• Advisory role for Asia based clients
defending Antitrust investigations
and actions.

Overview of Global eDiscovery

Guidance on APAC eDiscovery
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Transoceanic Transfer Tips
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Sedona Conference Principles
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Parting Thoughts and Q&A
Discovery of documents and electronic
information abroad is an increasingly
important part of litigation
“
Growing awareness of e-discovery issues in Europe
and Asia will drive growth in these regions… the U.S.’s
share of total [ediscovery] revenue will decline from 81% in
2012 to less than 70% in 2017.
Gartner, Magic Quadrant for E-Discovery Software
June 10, 2013
“
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Problems with foreign discovery are driven by
fundamental differences in legal systems and
privacy/data protection laws
U.S. courts may be unfamiliar with, and take a
dim view of, foreign law
Laws and practices are quickly evolving
across the world
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Can get discovery of documents in
“possession, custody, or control”
Duty to preserve with sanctions on the
backend
Duty to respond to requests for discovery
• Scope is broad: information that is relevant or
may lead to relevant evidence
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Well-defined concept of litigation hold
Less emphasis on data protection
and personal privacy
2013 eDJ Group Asian eDiscovery Survey
2013 eDJ Group Asian eDiscovery Survey
2013 eDJ Group Asian eDiscovery Survey
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Multiple jurisdictions now encourage or
require parties to discuss proportionality,
use technology and cooperate with
opposing parties to
• Ensure that only data strictly necessary for legal
proceedings is transferred out
• Locate, reduce and review relevant evidence
defensibly and efficiently
• Reduce cost and justify efforts
• Ensure the scope of the search is proportionate
to the case at hand using technology
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Meet and confer or take early 30(b)(6) depositions
to find location of data
Ensure consistency and multilingual compatibility
among technologies
Complement technology capabilities with personnel
where applicable (consider hiring foreign counsel
and translators)
International Document Review through SaaS
platform: questionable if this qualifies as a transfer
2013 eDJ Group Asian eDiscovery Survey; n=66
2013 eDJ Group Asian eDiscovery Survey; n=67
1.
eDiscovery in APAC is more than just
translation.
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Even a US attorney with language expertise will
struggle because of the vast legal system
differences.
2.
Be cautious of nationalist challenges.
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Strong nationalism may thwart collection efforts, as
parties question why APAC privacy considerations
do not trump US discovery laws.
3.
Capture full forensic images and conduct client
interviews.
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Unlike in the US where active data capture is
permissible, do not risk an insufficient collection in
the APAC region.
4.
Watch for international data nuances.
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Multilingual software platforms generate different
metadata fields than US software platforms. Also,
APAC companies tend to encrypt more than in the
US.
5.
Don’t overlook paper documents.
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Unlike in the US, paper documents are still heavily
used in APAC businesses.
Despite the differences, some things are the
same in APAC eDiscovery matters:
1. Legal and IT need to be on the same page. In APAC
collections, make sure the legal team has full
access to the corporation’s IT team.
2. Validate technology capabilities. Despite what the
service provider claims, ensure for yourself that the
technology can handle multilingual data.
3. Thoroughly vet any service provider in the APAC
region. Ensure they will use best practices. Ask if
they capture a chain-of-custody. Inquire if they use
subcontractors
Thank you to our sponsor
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Presentations will be sent out with a link to the replay within 48
hours
Comments/Questions can be submitted to Jason Velasco at
[email protected]