Civil Procedure International Trade Electronic Discovery

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How to Find a Quantum of Solace With Multi-Language eDiscovery

“Where there’s smoke, there’s fire.” These words, spoken by James Bond in From Russia With Love, encapsulate the fears many have in the wake of the UK’s historic vote to Brexit the EU. Amid continued warnings about markets...more

Brexit: Through the Eyes of a US Legal Team

The headlines are nearly ubiquitous at this point: this summer, the people of the United Kingdom voted to leave the European Union. The reasons cited for leaving are varied and complicated, with many commentators still...more

Global Predictive Coding: Going for the Gold

This week, athletes from around the globe will gather at the 2016 Summer Olympics to compete for gold medals and present years of hard work and dedication. With the Olympics as a backdrop, there is no better time than to...more

Second Circuit Rules that Federal Warrants Do Not Apply to Electronic Information Stored Overseas

On July 14. 2016, the Second Circuit ruled that the government cannot lawfully use a search warrant to compel access to consumer data stored by Microsoft Corporation (Microsoft) overseas. In its decision, the court overturned...more

Decision Holds That Search Warrant Cannot Compel Data Stored Overseas

The landmark ruling is the first by a federal court of appeals to address the extraterritoriality of the Stored Communications Act. Microsoft and other US-based internet service providers won a major victory on July 14...more

ICYMI: Ediscovery in China [Webinar]

The Implications of China’s Regulatory Framework - Unlike the United States, China does not have formal discovery practices in civil litigation, which presents initial contentions between these legal systems on opposite...more

English Court Approves Use of Predictive Coding

The English High Court recently permitted a party to use predictive coding technology in a contested application. Only a few months ago in Pyrrho Investments Ltd and another v MWB Property Ltd and others (2016) EWHC...more

Current Issues in U.S. Litigation Discussed at Korean CLE Seminar

On April 15, 2016, a select group of Korean patent and intellectual property attorneys convened at the Ritz Carlton Hotel in Seoul for a continuing legal education seminar entitled “Current Issues in U.S. Litigation.” The...more

Disclosure in a digital age – How reforms and technology can reduce the costs of disclosure in arbitration and court

Managing the cost of litigation to business remains one of the toughest issues confronting any lawyer today. As the challenge of keeping costs proportionate seemingly gets more difficult by the day, we consider the impact of...more

UK High Court Approves the Use of Predictive Coding in Litigation

Legal technology providers in the UK have a lot to celebrate as the English High Court recently approved the use of predictive coding for disclosure in litigation. The judgment, handed down by Master Matthews in Pyrrho...more

What Impact Will the New French Data Processing Standard Have on eDiscovery?

On January 28, the French data protection authority, CNIL, issued Single Authorization Decision No. 46 (AU-46), which governs how certain companies request permission to process personal data for litigation. The French...more

UK Court Approves Predictive Coding for First Time (Court of International Trade)

Pyrrho Investments Ltd. V. MWB property Ltd. [2016] EWHC 256 (Ch) - In this breach of fiduciary duty case in the United Kingdom, the parties’ edisclosure — the UK version of ediscovery — was vast, with one backup tape...more

Discovery Implications of the EU Data Protection Regulation

A recent article by my Kroll Ontrack colleagues from across the pond, Lawrence Ryz and Tracey Stretton, details the new EU Data Protection Regulation, which aims to solidify and unify the European Union’s data protection...more

A Q&A with Chris Dale Regarding the UK Pyrrho Predictive Coding Judgment

Why has predictive coding or technology assisted review (TAR) been accepted just now in the courts of England and Wales? I don’t think there is a particular reason why the beginning of 2016 should bring us this...more

Explore the Global Expansion of Ediscovery

Ediscovery is in the midst of global change. Even for countries with legal frameworks that don’t require parties to disclose electronic documents, global ediscovery is emerging as a critical component of business and...more

Have Some TAR With Your Tea and Crumpets

And then there were three. As of this week, the UK has now joined the United States and Ireland as jurisdictions with judicial decisions supporting the use of technology-assisted review (TAR). In Pyrrho Investments...more

When It Comes to eDiscovery, Think Globally, But Localize Your Approach

For years, the environmental movement has encouraged people to take action in their own communities, with the goal of their local steps eventually effecting change for the entire planet. A similar approach of thinking...more

Our 2016 Resolutions for eDiscovery, Part 1

As we welcome the new year, it’s time for many of us to make resolutions. After consulting our crystal ball, here are our suggestions for ways to handle the new normal counsel will face in 2016....more

The Year in eDiscovery Music, Part I

As we found out in a year jam-packed with game-changing developments affecting eDiscovery, “the players gonna play, play, play, play, play” (#18, “Shake It Off” by Taylor Swift). With the enactment of the new Federal Rules of...more

Economic Freedom, “Hong Kong Style”: Respecting Privacy And Ensuring Companies Can Resolve Disputes Efficiently

Hong Kong has always been known for its economic freedom. However, that economic freedom needs rules and protections to operate on a day-to-day basis. Recently, Hong Kong has taken bold steps forward with new rules and...more

The Land of the Rising Sun—and Rising Data Protection Requirements

Between January 2016 and September 2017, a series of amendments to Japan’s Act on the Protection of Personal Information (APPI) will go into effect. The amendments, which were promulgated in September 2015, are the first...more

Privacy Law, Cross-Border Data Flows, and the Trans-Pacific Partnership Agreement: What Counsel Need to Know

Privacy law has become such a hot-button issue that it now finds its way into multilateral trade treaties like the Trans-Pacific Partnership Agreement (TPP or Agreement). On November 5, 2015, the U.S. Trade Representative...more

Judges Examine Key Differences between U.S. and European E-Discovery

Exterro’s inFusion `15 user conference kicked off with a fascinating keynote on the differences between e-discovery laws in the U.S. and Europe. What made the discussion so interesting was that it featured two judges with a...more

New York Appellate Court Limits Application of “Separate Entity Rule” in Post-Judgment Discovery Context

In In re B&M Kingstone, LLC v. Mega International Commercial Bank Co., Ltd.,1 the New York Supreme Court, Appellate Division, First Department, held that the “separate entity rule” does not insulate a non-US bank’s New York...more

Around the (E-Discovery) APAC World in 80 Seconds

Although the Asia-Pacific (APAC) region is generally light on rules governing e-discovery, it transforms into a heavyweight contender when U.S. litigants must collect and review data there. With an accelerated rate of...more

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