Stormy Digital Weather Ahead: The Forecast for Cross-Border eDiscovery in the Context of Litigation and Regulatory Investigations

October 2013

Abstract

We live in a digital world. Today, information is power, and electronically stored information (“ESI”) is its global currency. It is a world where well over 90% of information is created, transmitted and stored in electronic form. And it is a world where email, instant messaging, mobile devices and social media platforms such as Facebook® and Twitter® have become the lifeblood of corporate communication and collaboration. These platforms frame how organizations do business; they impact virtually every major corporate decision and action that might be the future subject of civil or criminal scrutiny. This article examines the clash of cross-border discovery with global data privacy and protection laws, and the perfect storm that it can create for compliance. It also attempts to forecast the stormy digital weather ahead for international in-house counsel by examining some of the major challenges of navigating these conflicting and competing forces.

Authors

Jayne Rothman

Senior Vice President, General Counsel & Secretary, Epiq Systems, USA

Jayne Rothman is Senior Vice President, General Counsel and Secretary for Epiq Systems, Inc. and its subsidiary companies. At Epiq, Jayne manages and advises on general matters including corporate, mergers & acquisitions, commercial transactions, litigation, employment, data privacy, governance, risk and compliance, enterprise risk management, insurance, intellectual property, and management of outside counsel, among others. Prior to joining Epiq in 2005, Ms. Rothman practiced at Dewey LeBoeuf LLP in Los Angeles, where she represented ABC/ESPN and creditors in the Worldcom and United Air Lines Chapter 11 cases, and at Weil Gotshal & Manges LLP in New York, representing corporate M&A and restructuring clients including Enron Corp., Hughes Electronics Corp., Old Mutual Plc and Six Flags, Inc. Ms. Rothman also clerked for two years for Chief Judge Mark W. Vaughn, U.S. Bankruptcy Court, D. N.H. Jayne Rothman can be contacted via e-mail at jrothman@epiqsystems.com or phone at (913) 621-9950.

Alison Wisniewski

Senior Legal Counsel, EPIQ Systems, Inc. , USA

Alison Wisniewski is Senior Legal Counsel for Epiq Systems, Inc. and its subsidiary companies. At Epiq, Ms. Wisniewski works on general corporate matters including sales transactions, commercial transactions, mergers & acquisitions, data privacy, complia

James Daley

Senior Counsel, Seyfarth Shaw, USA

M. James (Jim) Daley has over 35 years of complex litigation experience, over 20 of which have been exclusively devoted to global data privacy, data security, data protection, information governance and eDiscovery issues. Jim has a Masters Degree in Management of Information Systems and International Privacy Professional Certification which he blends with his legal experience to help clients reduce the legal risk and cost of compliance with global data privacy/security/protection, information governance and eDiscovery obligations.

Companies

Epiq Systems

Epiq Systems, Inc.(NASDAQ: EPIQ) is a leading global provider of integrated technology solutions for the legal profession, including electronic discovery, bankruptcy, and class action and mass tort administration. We also offer full-service capabilities to support litigation, investigations, financial transactions, regulatory compliance and other legal matters. Our innovative technology and services, deep subject-matter expertise and global presence served from 20 locations across 3 continents allow us to provide secure, reliable solutions to the worldwide legal community. Visit us at www.epiqsystems.com.

EPIQ Systems, Inc.

Epiq Systems is a leading global provider of technology-enabled solutions for electronic discovery, bankruptcy and class action administration. We offer full-service capabilities to support litigation, investigations, financial transactions, regulatory co

Seyfarth Shaw

Seyfarth Shaw LLP is an international AmLaw 100 law firm with U.S. offices in New York, San Francisco, Los Angeles, Sacramento, Chicago, Boston, Washington, D.C., and Houston, and international offices in London, Melbourne, Sydney, and Shanghai. The firm’s clients include over 300 of the Fortune 500 companies, and its practice reflects virtually every industry and segment of the economy. Seyfarth Shaw has been recognized as one of the most innovative law firms in the nation for its implementation of "Seyfarth Lean," a unique client service model that combines the principles of Lean Six Sigma with robust technology, knowledge management, process management techniques, alternative fee structures and practical tools. This orientation has helped Seyfarth become a global leader in legal services relating to Data Privacy, Information Governance and eDiscovery.

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