How Advances in Technology Can Impact Cross-Border Electronic Discovery

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How Advances in Technology Can Impact Cross-Border Electronic Discovery

Allison Brecher, Senior Litigation Counsel and Director of Information Management & Strategy, Marsh & McLennan Companies, USA

An email within an organization can travel just as easily from New York to California as it can to Tokyo. Yet, when that email becomes evidence in litigation filed in the United States, there can be vastly different costs and strategies for discovery depending on whether the email, at any time, was maintained outside of the United States. That is because many countries have adopted laws protecting the privacy of certain topics of electronic information. Those laws often run directly contrary to laws in the United States, which require parties in litigation to preserve, collect, review and produce all relevant, non-privileged documents and electronically stored information.

Allison Brecher is a Senior Litigation Counsel and Director of Information Management & Strategy at Marsh & McLennan Companies (MMC), a global financial services company. She is the co-author of E-Discovery Plain and Simple: a Plain English Crash Course in E-Discovery. MMC is the parent company of KrollOntrack, the leading provider of electronic discovery services.

MMC (Marsh & McLennan Companies) is the premier global professional services firm providing advice and solutions in risk, strategy and human capital. Through our market leading brands, colleagues in more than 100 countries help clients identify, plan for and respond to critical business issues and risks. Risk and Insurance Services Marsh is the world leader in delivering risk and insurance services and solutions to clients. It provides global risk management, risk consulting, insurance broking, alternative risk financing, and insurance program management services for businesses, public entities, associations, professional services organizations, and private clients. Marsh is organized by client, industry, and risk categories to facilitate the global delivery of highly specialized products and services covering a wide spectrum of risks. Guy Carpenter is the world's leading risk and reinsurance specialist, creating and executing reinsurance and risk management solutions for clients worldwide. It provides risk assessment analytics, actuarial services, highly specialized product knowledge, and trading relationships with reinsurance markets throughout the world. Client services also include contract and claims management and fiduciary accounting. Run-off services and other reinsurance and insurance administration solutions are offered through Guy Carpenter subsidiaries on a fee basis. Consulting Mercer is a leading global provider of consulting, outsourcing and investment services. Mercer consultants help clients design and manage health, retirement and other benefits, and optimize human capital. The firm also provides customized administration, technology and total benefit outsourcing solutions. Mercer’s investment services include global leadership in investment consulting and multi-manager investment management. Mercer’s global network ensures integrated, worldwide solutions for clients who wish to establish global policies and procedures while allowing for the flexibility to accommodate local cultural, legal and regulatory requirements. The firm's locally based professionals are also available to serve midsize companies and to address country-specific issues and opportunities. The Oliver Wyman Group delivers advisory services to clients through three operating units, each of which is a leader in its field. Oliver Wyman is a top-tier global management consulting firm that combines deep industry knowledge with specialized expertise in strategy, operations, risk management, organizational transformation, and leadership development. Lippincott helps clients create, develop, and manage their corporate branding, identity, and image. NERA Economic Consulting advises corporations, law firms, and government entities on the economics of competition, regulation, public policy, finance, and litigation. Risk Consulting and Technology Kroll, the world's leading risk consulting company, provides a wide range of investigative, intelligence, financial, security, and technology services to help clients solve problems and capitalize on opportunities. Kroll serves a global clientele of law firms, financial institutions, corporations, nonprofits, government agencies, and individuals.

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