e-Discovery - tips to a successful strategy:
Frances McLeod, Co-founding Managing Partner, Forensic Risk Alliance, USA
Greg Mason, Co-founding Partner, Forensic Risk Alliance, USA
The wealth of electronic information generated today makes pre-litigation planning for corporate lawyers and their legal advisors more important than ever before. The huge volume of data to identify, collect, store, process, search and analyse triggers fear of high costs and logistical problems before the data is actually used to establish fact patterns or put together arguments.
In the context of cross-border serious economic crime – regulatory action, internal investigation or simply “follow- on” civil litigation – data volume is just the first of the the challenges that lie ahead. Still be to wrestled with are a number of European and US legal hurdles: European blocking statutes and data privacy/secrecy laws, privilege differences from country to country and the logistics of managing enormous amounts of data without inadvertently transferring it across jurisdictions or to the ‘wrong’ party.
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