P2P

O rganizations in Japan, and generally across Asia Pacific (APAC), have experienced a sharp increase in eDiscovery-related work over the past several years due to a rise in cross- border litigation. It is pivotal now more than ever before to take stock of important considerations when evaluating and partnering with service providers that will guide and support your eDiscovery needs. This blog will cover four critical factors that relate to cross-border matters that should always be contemplated when selecting a proficient eDiscovery service provider that will have the appropriate solutions and experience to provide the required guidance and assistance. Local Skilled Resources No matter the jurisdiction in which discovery work occurs, in most instances, it makes sense to have a partner or local resource that has in- country experience and knowledge to ensure a thorough and defensible process. Retaining the services of local discovery specialists with native speakers who can suggest potential keywords for searches, review data on-site, avoid the need to transfer data, and provide advice regarding cultural and political nuances, should always be a part of your initial project planning. The various phases involved in discovery typically dictate the points at which you may want to involve local resources for support; however, having a domestically based partner with extensive experience supporting cross border work will undoubtedly facilitate the development and execution of required workflows, and assist in realizing substantial cost savings and workflow efficiencies. Local counsel or local service providers experienced in eDiscovery collections also provide great value as conduits to US-based attorneys by acting as a mitigating party, explaining sovereignty issues, integrating paper and data into one database, and collecting data before spoliation occurs. One thing to always keep in mind is that judges and regulators are not terribly sympathetic to the differences between APAC and US customs and laws as they relate to ESI (Electronically Stored Information), so developing a partnership with a local eDiscovery service provider is a very prudent approach. Awareness of Data Privacy Laws & Regulations Managing data privacy laws and confidentiality concerns is the single biggest challenge faced by global law firms and eDiscovery providers that deliver support to APAC organizations. Additionally, in recent years, there has been an uptick in new (comprehensive) data protection laws in the APAC that has introduced challenges with maintaining cross-border compliance. Most APAC countries have sophisticated data privacy regimes that prohibit the transfer of documents that contain personally identifiable information (PII) without consent. For example, under Japan's privacy and data protection law, the Act on the Protection of Personal Information ("APPI"), 43 I L T A N E T . O R G "Managing data privacy laws and confidentiality concerns is the single biggest challenge faced by global law firms."

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