Digital White Papers

Litigation and Practice Support — May 2015

publication of the International Legal Technology Association

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ILTA WHITE PAPER: MAY 2015 WWW.ILTANET.ORG 24 DON'T OVERLOOK THE PAPER APAC companies still rely heavily on paper documentation. E-discovery professionals need to pay special attention to paper in the APAC region, given that paper size and hole-punching might be different. Optical character recognition (OCR) is often not available for many languages. MAKE FRIENDS AND WORK WITH LOCALS Most important, build relationships with APAC legal discovery experts. Local counsel experienced in e-discovery collections or local service providers can greatly assist U.S. attorneys by acting as a mitigating party, explaining sovereignty issues, integrating paper and data into one database, and collecting data before spoliation occurs. Do not get caught evaluating international data transfer, privacy and security requirements after data have been transported out of a country or region. Last, although there are a multitude of differences, several universal best practices hold true across the globe for e-discovery. Chiefly, IT and legal departments must be on the same page, technologies must be validated, and service providers in the region must be thoroughly vetted. A GUIDE TO E-DISCOVERY IN ASIA AWARENESS GOES A LONG WAY E-discovery in the APAC region is a young industry with numerous opportunities for growth. As international business transactions and global litigation become more prevalent — and Asian economies flourish — practitioners need to navigate APAC e-discovery by understanding the culture, differences in the laws, technology and business practices. Practitioners must be aware of the continuous change in the legal landscape and potential conflicts between countries and regions. Overall, APAC e-discovery law has proven to be extremely agile. It is important for practitioners to keep afloat in these ever-changing waters. Build relationships with APAC legal discovery experts. Local counsel experienced in e-discovery collections or local service providers can greatly assist U.S. attorneys by acting as a mitigating party, explaining sovereignty issues, integrating paper and data into one database, and collecting data before spoliation occurs.

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