While we work and live in a “borderless” economy, when it comes to e-discovery and litigation matters, borders are ever apparent amid the myriad of international data privacy laws in play whereever data flows between regions. While data is borderless, data protection and privacy laws are mostly national. Recent data privacy developments overseas further complicate matters.

A manufacturing case involving the U.S. Department of Justice (DOJ) underscores such complexity. The DOJ is conducting a six-plus year investigation of auto parts manufacturers, where collusion and cartel-type activities have been alleged, notes David Sannar, vice president of international development at Catalyst. The investigation has been against many different auto parts manufacturers in many different countries.

“Catalyst has worked with quite a few companies in Japan and Asian countries to answer the DOJ's requests,” Sannar explains. “Fundamentally, there is little difference between e-discovery for an investigation or litigation; data must be collected, processed, hosted, reviewed, and produced. Each step must be defensible. Attorneys determine what data sets are being targeted and 
they review for responsive documents. Those documents are then produced to the DOJ (or opposing counsel in a litigation).”