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.    Read More »

Framing the International E-Discovery Issues:  Data Across the Globe - The Discovery Standard - Discovery News

Courtney Barton, Vice President of Industry Relations at Applied Discovery, discusses privacy and legal issues related to cross border discovery processes, especially in relation to "countries that see the American need for discovery as not only an invasion of privacy, but also an attack on foreign sovereignty".  She contrasts data collection under relatively liberal U.S. discovery rules with data collection under the European Union Data Protection Directive (95/46/EC) and individual member states' rules, and in some cases criminal laws protecting data such as the French Blocking Statue (French Penal Code, Law No. 80 - 538, July 16, 1980).  This creates a conflict for multi-national corporations located in the U.S. who are faced with collecting data abroad.  Read More »

Discovery Across Borders, Part Two:  Strategies for Handling Multi-Jurisdictional Discovery and Data Collection - Findlaw.com

In the second part of their two-part article on international electronic discovery, Gary DiBianco, Gary Rubin and Matthew Blake (of law firm Skadden, Arps, Slate, Meagher & Flom LLP) point out that

"... the traditional notion of 'possession, custody, or control' over a document no longer is meaningful."

and

"... your attorneys and forensic technology vendors also must address the cross-border legal and cultural conflicts we discussed in Part One."  Read More »

Discovery Across Borders, Part One: Practical and Legal Aspects of Multi-Jurisdictional Discovery and Data Collection - Findlaw.com

"Do you understand how to preserve, collect and analyze data in a way that will meet the requirements of foreign as well as U.S. courts and regulatory bodies?"   Read More »