P2P

46 P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | S U M M E R 2 0 2 3 linguistic nuances and the source of the data (e.g., Mainland China or Taiwan). Key mistakes in search terms may dramatically affect the size and scope of a review population — it may potentially exclude relevant documents from review or unnecessarily inflate a review population. The table below provides an example of what this may look like in practice. If data is sourced from Taiwan, for example, search terms should be run in both traditional and simplified text for completeness. In red font below are examples of differences between simplified and traditional text. Importantly, developing search terms is iterative. Once review is underway, the review manager should seek regular input from the team and consider revising terms to reflect the words or phrases actually used in the documents. Translations Another important item to ascertain is whether all responsive/relevant Chinese language documents need to be translated into English or whether only certain types of documents like 'key documents' need to be translated. Are translation summaries or machine language translations acceptable, or are certified translations required? Translation work is a completely separate exercise that may require a different team, and will surely require a separate workflow, training and management process. Moreover, a qualified translation team, if needed, will take time to assemble. Consequently, it is very important to plan ahead and work jointly with the client and counsel to discuss any translation needs, specifications, timing, quality control and budgeting. Review in China Review in China adds another layer of review management complexity. Legal teams will need an experienced review manager leading the effort locally. Importantly, staffing a review team in China may not be as easy as it is in the U.S., particularly because document review work is less common in China. Without the proper preparedness or experienced partners, teams may find it difficult to hire a team of qualified reviewers. Moreover, many lawyers in China who have served as document reviewers or who qualify as document reviewers may be in pursuit of other types of legal work in the corporate world, at large law firms or in academia. If a more desirable work option arises during the project, they may leave before it has completed. Unlike the U.S. and other regions with a strong document review market, this is a common occurrence in China, and legal teams must be prepared for the potential risk of a revolving door of reviewers throughout the course of the project. As a best practice, review managers leading teams should Q 2 W H I T E P A P E R S Table 1: Derek Su, Senior Consultant and Review Manager at FTI Consulting helped prepare this table. S E A R C H T E R M S I M P L I F I E D T E X T T R A D I T I O N A L T E X T Cash Payment 现金支付 現金支付 Document Review 文件审查 文件審查 Foreign Official 外国官员 外國官員 Government Official 政府官员 or 公务员 政府官員 or 公務員 Investigation 调查 調查 Kickback 回扣 回扣 Payment 付款 付款 Whistleblower 举报人 or 吹哨人 舉報人 or 吹哨人

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