[This article originally appeared in Legal IT Insider.]
Asian countries are just starting to come of age in e-discovery. While e-discovery is becoming better understood, more broadly accepted and more thoroughly localized worldwide, the industry is still in its infancy in the APAC region. Because Japan and South Korea are home to some of the largest corporations doing business in the U.S., I’ve focused this article on those two countries.
In Japan, there are no laws governing e-discovery for domestic litigation. Yet an expectation of data production exists for government investigations and international litigation matters. Consequently, U.S. law firms and vendors currently drive e-discovery in Japan. Continue reading
[This article originally appeared in the Winter 2014 issue of EDDE Journal, a publication of the E-Discovery and Digital Evidence Committee of the ABA Section of Science and Technology Law.]
Although still relatively new, technology-assisted review (TAR) has become a game changer for electronic discovery. This is no surprise. With digital content exploding at unimagined rates, the cost of review has skyrocketed, now accounting for over 70% of discovery costs. In this environment, a process that promises to cut review costs is sure to draw interest, as TAR, indeed, has.
Called by various names—including predictive coding, predictive ranking, and computer-assisted review—TAR has become a central consideration for clients facing large-scale document review. It originally gained favor for use in pre-production reviews, providing a statistical basis to cut review time by half or more. It gained further momentum in 2012, when federal and state courts first recognized the legal validity of the process. Continue reading
The head of Catalyst’s South Korea office, Youngsoo Park, is the coauthor with Jeongho Yoo of a just-published Korean-language book about e-discovery for business leaders. The book, What Every Business Person Should Know about eDiscovery, provides a comprehensive overview of all aspects of e-discovery.
The book is only the second ever about e-discovery published in Korea and the first in which hands-on professionals explore the topic in depth. The book covers the history and basics of e-discovery and then examines key topics and legal issues in e-discovery practice, both in the United States and Korea. It also explains several of the leading technology platforms for e-discovery, including Catalyst Insight. The book was published earlier this month in Seoul by InfoTheBooks.com.
Park, who is considered one of the leading e-discovery experts in Korea, joined Catalyst in 2013, when the company opened its first office in Seoul. He oversees the office and the expansion of Catalyst’s Asia-Pacific operations into South Korea. Continue reading
As e-discovery reaches across borders into Asia, global companies face new and often unfamiliar challenges. Whatever the nature of the case, if it involves electronic information stored in China, Japan, Korea or elsewhere in Asia, be advised: You’ll be managing case files differently than you would be if you were in the United States.
The challenges presented in managing electronic files in Asia stem from many causes—some geographical, some technical and some cultural.
In Asian countries, the laws governing data and privacy are quite different than in the U.S. For example, in China, collecting and exporting data involving “state secrets” can get you thrown in jail. In Japan, taking data out and hosting it in the U.S. may cause you to lose your client.
Language, too, presents multiple challenges. The so-called CJK languages (Chinese, Japanese and Korean) are the most difficult to process, search and review. Mangle the processing and you lose your data. Mess up the search and you may as well have lost your data. Either way, your review becomes costly and ineffective.
In an article published in the February/March 2013 issue of Todays General Counsel magazine, “Challenges of Asian Language E-Discovery,” John Tredennick, President and CEO of Catalyst, and W. Peter Cladouhos, Esq., firm-wide Practice Support Electronic Discovery Consultant for Paul Hastings LLP, outline some of the most common, and the most critical, challenges companies face when handling Asian data and keeping Asian e-discovery on track and on budget.
Rapid growth of Catalyst’s Asia division has resulted in relocation of our Tokyo offices to a larger, more central location and the hiring of three additional professionals in the office to help meet the expanding demand for project consulting, data processing and network engineering.
Since we formally established our Catalyst Asia division just 18 months ago, demand for our services throughout Asia has soared. Headquartered in Hong Kong and with operations throughout the region, the division is led by Asia e-discovery and forensics veteran Richard Kershaw. Earlier this year, we added our first Asia data center—a full-featured, high security facility located in Tokyo.
With this latest move, Catalyst relocates its Tokyo offices to the prestigious Nishi Shinjuku district, near to the Tokyo Metropolitan Government buildings. The new offices provide space for expansion now and into the future. The move will also allow the installation of additional IT infrastructure to provide a more robust connection to the data center and more options for data handling.
To help meet the increasing demand for its services in Asia, Catalyst added three professionals to its Tokyo staff, all highly experienced and knowledgeable in their respective specialties:
- Etsuko Akimoto is a lawyer who joins Catalyst as a project consultant. She comes to Catalyst from the Tokyo office of the international law firm Freshfields Bruckhaus Deringer. A member of the New York bar, Ms. Akimoto is a graduate of Tokyo University.
- Gaby Banda joins Catalyst as a specialist in processing and productions. An experienced data processing technician, Ms. Banda formerly worked for Document Technologies Inc. in San Diego, Calif.
- Luca da Col joins Catalyst as a network engineer in the infrastructure group. Formerly employed by Eire Systems in Tokyo, he has substantial experience as a data center network engineer in the telecommunications industry.
Read the full press release for more details.
Join two leading authorities in international e-discovery for a free, one-hour webinar, Cross-Border E-Discovery: Meeting the Challenges and Mitigating the Risks, to be held on Wednesday, Sept. 21, 2011, at noon Eastern time.
The webinar will explore the challenges for multinational corporations engaged in cross-border e-discovery–from data privacy laws and discovery-blocking statutes to language and cultural issues–and offer tips for mitigating risk.
Panelists for the webinar will be:
- Maura R. Grossman, counsel at Wachtell, Lipton, Rosen & Katz. Ms. Grossman’s practice focuses on advising lawyers and clients on legal, technical, and strategic issues involving electronic discovery and information management, both domestically and abroad, as well as on matters of legal ethics. Ms. Grossman speaks and writes frequently on e-discovery and legal ethics and is a member of several Sedona Conference working groups.
- Richard Kershaw, Asia managing director for Catalyst Repository Systems. A fluent Japanese speaker, Mr. Kershaw has lived and worked in the Asia region since 1996. Over the years, he has successfully led forensic data management assignments in arbitration, litigation and regulatory investigations across the region, including matters in Saudi Arabia, India, Indonesia, Singapore, Malaysia, Hong Kong, China, Taiwan, the Philippines and Japan.
For more details about this webinar or to register, visit: Cross-Border E-Discovery: Meeting the Challenges and Mitigating the Risks.
Will you be at LegalTech West Coast in Los Angeles this month? If so, here’s your chance to support Japan relief efforts and have some fun and good food at the same time.
On Tuesday, May 17, starting at 6 p.m., Catalyst is hosting an evening of sushi and sake to benefit the 2011 Japan Relief Fund. If you’ll be at LegalTech, we welcome you to join us. No financial commitment is necessary to attend, but guests will be invited to contribute whatever they can. Catalyst has pledged to match every dollar donated up to $20,000.
The Japan Relief Fund was set up by the Japan America Society of Southern California to help provide critical funds to the victims of the massive 9.0-magnitude earthquake and the resulting tsunami. All proceeds will be forwarded to experienced non-governmental disaster relief agencies in Japan that have a proven track record of emergency humanitarian relief and restoration and development of destroyed areas.
When: Tuesday, May 17, 2011, 6 p.m.
Where: Los Angeles Marriott Downtown, 333 South Figueroa Street, Los Angeles
Questions? Stop by the Catalyst booth (Booth 117) or email Chelsey Lehman, marketing manager, email@example.com
Corporate Counsel magazine recently issued a report that should cause multi-national corporations and their counsel to pay attention: Trend Watch: Foreign Bribery Actions Doubled Last Year.
Specifically, the magazine reported that enforcement actions under the Foreign Corrupt Practices Act (“FCPA”) nearly doubled in 2010, rising to 76 (with complaints against 23 companies and 53 individuals). In 2009, the SEC and Justice Department brought 45 actions (against 12 corporations and 33 individuals). That number was a significant jump again from 2008 when the government brought 37 actions against companies and individuals.
The pace seems to be continuing as well. This month, Paul Hastings, one of the leading international firms advising on FCPA investigations, issued its first Quarterly FCPA Report for 2011 [PDF]. So far this year, it reports, enforcement continues apace, with actions brought against four companies and seven individuals, along with a blockbuster forfeiture and a number of guilty pleas and settlements. The forfeiture amounted to nearly $149 million and related to a high-profile arms contract case involving 22 indicted defendants. Continue reading
This week, TransPerfect Legal Solutions, one of the world’s leading providers of global legal support services, and Catalyst announced their partnership to provide comprehensive litigation support throughout Asia. Through this partnership, clients in Asia will benefit from the combination of Catalyst’s premium hosting solution and TLS’s industry-leading multilingual translation and managed review capabilities.
In business since 1992, TLS has offices throughout Asia and the world. It offers a full suite of litigation support services, including translations and multi-language managed review.
“As data volumes increase, companies are looking for better ways to streamline reviews,” said Richard Kershaw, managing director of Catalyst Asia. “The Catalyst platform has always excelled in supporting multiple languages, and by partnering with TLS, we are now able to offer our clients full multilingual capabilities and document-focused litigation support services tailored to the needs of Asia-based projects.”
To learn more about the partnership between TLS and Catalyst, read or download the full announcement.
[The following update on the situation in Japan was sent in earlier today by Ian Folkman, production supervisor in Catalyst's Tokyo office. Ian and another Catalyst employee, project consultant Abdel Basheer, just moved to Tokyo from Denver last November. For earlier updates from another Catalyst employee in Japan, Robert Ocampo, see here and here.]
Earthquakes have taken on a whole new meaning for me after the recent events. When I first arrived, the small earthquakes were very interesting to me because I had not felt an earthquake before in the same manner. The big earthquake was so noticeably different than what I had felt up until then that Robert and I knew right away this one was different. Now that I have felt a large earthquake, each new earthquake — there have been hundreds in the weeks following — no matter the size, brings with it a slight sense of vertigo and nervousness, even though none of the earthquakes have been the same size since.
While the nuclear power plant has been the more interesting topic lately, I have yet to see Godzilla outside of my window and no one has gained any super powers. The concern about radiation in the media has been overstated, and there has been no real danger to the people in Tokyo. Continue reading