Just as the economy is global, litigations and investigations are now global and they require global discovery processes, technology and personnel to support them. In even small- and medium-sized matters, data may need to be collected from multiple jurisdictions (sometimes from multiple continents). Additionally, a growing trend of coordinated litigation and investigations across countries requires productions to multiple different opposing parties under different regimes and standards. Thus, as companies try to manage the discovery risk associated with their dispute portfolio they more and more need to be prepared to preserve and collect from numerous locations; reasonably process and review the data; and produce in several other locations.
While this issue is becoming more prevalent and more complicated, global discovery is not new and even in the days before electronic documents, companies sometimes had to collect records in multiple countries. However, simply picking up and moving data for the purposes of litigation is no longer viable. Thus, the ideal solution must provide both standardized data processing and review capabilities as well as decentralized data centers and review facilities. This can require a follow-the-sun platform with technology and processes that understand the various data protection and state secrecy laws in play that can limit the transfer of data, but also can take advantage of the global marketplace for hosting, analyzing and reviewing data to ensure the most cost effective solution possible. While a company’s business should not be to litigate, as companies spread out across the globe to reduce operational costs and find new customers and markets, they should globalize their discovery process and platform in order to respond to their new bigger information footprint in a cost effective and compliant manner.
‘Litigate Local, Discover Global’
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