The must see articles for the week of October 20 focus on cross-border eDiscovery and include;
Cross-border eDiscovery: Cultural, Legal and Practical Implications by Sasha Hefler and Chris Dale. Cross-border discovery is a challenge that first requires the reconciliation of jurisdictional protections and demands and then, forces parties to tackle the challenge of language and process. The interview compares EU versus Asian obligations and recommends education, collaboration and harnessing resources.
Cross-border eDiscovery: Moving Towards Practical Solutions by Matthew F. Knouff. Knouff frames the issue of cross-border eDiscovery describing the competing US demand for a wide-ranging discovery with international protection of individual rights and data privacy. The inherent conflict with those perspectives causes many of practitioners’ struggles to meet US standards while abiding by extra-national regulation.
Cross-border Litigation and Investigation: Overcoming Legal, Cultural and Technical Hurdles by Drew Macaulay. Even the most sophisticated eDiscovery organization may be challenged by cross-border matters. Even once you have developed a case strategy and secured local technical support resources, you must address issues related to privacy, logistics, access to data and broader cultural or geographic roadblocks to success and efficiency.
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