E-discovery in U.S. litigation is challenging, but cross-border e-discovery in international litigation is exceptionally challenging. Laws dictating how data can be transported, handled and processed in Europe are notably stricter than U.S. law. And the cultural underpinnings of business and law in Asia can muddy the e-discovery process. At a Legaltech 2015 panel, a group of seasoned litigators and discovery experts discussed the challenges of cross-border e-discovery in regulatory matters and internal corporate investigations.
Jerami D. Kemnit, senior discovery counsel and global head of e-discovery at Wells Fargo, said the prevailing wisdom of the day was to seek counsel from those practicing locally in the event there is any questions on how to proceed with discovery. “Without going into every continent or country when you set up a plan or protocol, and are retrieving or processing data with different jurisdictions, align yourself with someone who has a grounding there,” Kemnit says.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
