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As many of our readers reflect on the fact that e-Discovery laws are quickly developing and changing around the world, and, that the potential risk for their organization to become involved in a potential e-discovery litigation is increasing over time, our staff would like to reference a recent article written by Wayne Wong entitled, “6 Practical tips for e-Discovery in Asia and the Pacific”.
Another reason for referencing Mr. Wong’s article is that it does a good job in summarizing the major points of e-discovery concerns which have been observed in the Asia-Pacific region (APAC) – that region of the world experiencing the fastest rate of evolution in the e-discovery space.
A quick summary of those practical e-discovery tips for multi-national organization’s to use when involved with the APAC region are listed below:
- E-Discovery in APAC is more than just a matter of translation interpretation risk.
- APAC privacy considerations per country are often considered to trump U.S. discovery laws.
- Active data capture is not recommended in the APAC region.
- Multilingual software platforms generate different metadata fields than U.S. software platforms, and metadata fields may be in different languages.
- Keep a list of passwords found during document review, and be prepared to use password cracking software.
- Paper documentation is more prevalent in APAC regions, so pay special attention to paper in the APAC region.
Click here to read the Mr. Wong’s article.
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