Addressing e-Discovery Challenges in Product Liability Litigation - Fios
What can drive the cost of e-discovery to exceed the total value of a product-liability case? Unstructured data, including email, loose files, memoranda, internal reports and, increasingly, collaborative workspaces containing vast amounts of undifferentiated information and record types, according to Dennis R. Kiker in this August 26, 2008 article.
It gets even more complicated for manufacturers with facilities scattered around the world. Mr. Kiker points out that
"...many international jurisdictions, such as those within the European Union, South America and Asia, for example, have privacy laws that are much stricter than those in the United States. These laws typically consider information stored on an individual employee's computer to be private, often requiring companies to get permission from their workers prior to collection."
Further compounding matters are strict laws in many jurisdictions regarding transmission of data across international boundaries.
"Many of these laws contain a criminal component, which creates an element of risk not often associated with civil discovery in the U.S."
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