ACEDS-Kroll Ontrack 2-24-15 Webcast

Delivering Global Ediscovery Successfully

Emily A. Cobb, Ropes & Gray

Andrew Szczech, Kroll Ontrack

Thomas Sely, Kroll Ontrack

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Webinar Overview

Introduction and Biographies

Legal Frameworks

Cultural Considerations

Practical Experiences

Questions


Emily A. Cobb, Ropes & Gray

Emily A. Cobb is an associate and senior discovery attorney at Ropes & Gray, with expertise in electronic discovery across numerous practice areas. Ms. Cobb also maintains an active pro bono practice.

Ms. Cobb practiced in Washington, D.C. before joining Ropes & Gray, where her practice included mass tort litigation, multi-district litigations, and additional commercial litigation in federal and state courts throughout the United States.

Currently, Ms. Cobb concentrates on creating, monitoring, and implementing best practices and strategies for electronic discovery. Ms. Cobb works closely with Ropes & Gray’s ediscovery attorneys and Litigation Technology professionals to analyze metrics, workflows and new technologies to identify and implement opportunities for improving quality and efficiency in ediscovery.


Andrew Szczech, Kroll Ontrack

Andrew Szczech, Director of Legal Technologies Services, is responsible for the growth and delivery of Kroll Ontrack’s legal technologies services in the EMEA region.

These services include ediscovery, computer forensics and consulting which are provided in order to assist clients in multiple practice areas including dispute resolution and antitrust. Frequently, there is a need for solutions to address complex cross border data protection challenges. Andrew also manages the growth and development of global accounts throughout the EMEA region.

Andrew has worked in IT for over 20 years, both in-house and for solution providers. His main focus has always been to ensure clients are able to maximize the use of technology within their organizations.


Thomas Sely, Kroll Ontrack

Thomas Sely is a Business Development Manager in France. He advises French clients on the management of electronic evidence and the use of legal technology in matters ranging from forensics investigations, compliance audits and French & EU competition regulatory investigations to litigation and dispute resolution.

Thomas is regularly consulted on the practicalities surrounding the collection, management, processing, review and production of electronic evidence, particularly where issues of French data privacy and data protection are concerned.

Thomas holds a DEA Droit des affaires and a Master in Business Administration from the University of Lyon. He is fluent in French and English.

Introduction

8

Legal Frameworks

10


Discussion Points

Common vs. Civil Law

Ediscovery Rules in Different Jurisdictions

Data Protection Laws in Europe and the Extra-Territorial Reach of Regulators


Common vs. Civil Law

Civil lawCommon law

Sharia lawMixed law



Main differences between US and UK: » Narrower scope of discovery allowed in the UK:

– UK CPR Rule 31.6: requires disclosure of documents on which the party relies or which affect “the case”

» In the UK, there is the obligation to proactively produce clients’ relevant documents to opponents

» Proportionality standards more defined in the UK



Main differences between US and UK: » Broader scope of discovery allowed in the US:

– US FRCP 26(b)(1): “any matter, not privileged, which is relevant to the subject matter in the pending action…”

» In the US, lawyers must request opponents’ relevant documents

» Proportionality standards less defined



Ediscovery is a global phenomenon

In EMEA and APAC, ediscovery is quickly evolving due to the number of US companies in the region and the need to produce information in US litigation

Some countries have no formal discovery duties; however, a role for ediscovery still exists to support the review of company data in:» Investigations

» Internal audits

» M&A work


Data Protection Laws in Europe

Complex data protection / privacy laws vary per country

Clash with US discovery laws can lead to sanctions

New EU Data Protection Regulation: the law is about to get stricter which may lead to higher fines and greater extra-territorial reach

Legal and technology solutions help transfer data safely» How safe is the “Safe Harbor”?

» Are there local solutions?


Questions You May Have?

Do US discovery

rules trump data privacy

laws?

Do all countries have the same

approach to privacy?

How do companies

address these

challenges?

What to do when faced with a case where data

is outside of the US?

What to do about the new EU

Data Protection

regulations?


Data Protection Laws in Europe

Why does data have to remain in France?» When overseas authorities order the disclosure of French data, it is

getting harder to comply

» Primary reasons:– Blocking statute in penal law says you cannot send evidence out of

country for legal matters in other jurisdictions without specific procedure

– French Secrecy Law: French Parliament wants to enact this to better protect French business’ trade secrecy against request of documents from foreign authorities

» As data protection and business secrecy laws tighten up in France, it is important that clients have more control over their data

Cultural Considerations

19


Discussion Points

What is it like to do business across the globe?

How do employees consider themselves in different parts of the world?

What are the differing attitudes toward privacy?

Do cultural differences affect attitudes towards discovery?

Practical Experiences

21


Discussion Points

Collecting data scattered in different countries

Reviewing documents in multiple languages

Complying with data protection and privacy laws restricting data transfer across borders

Adopting a seamless approach to processing and review throughout different countries

Dealing with clients with different ediscovery experience levels in in their countries

Straddling different cost models


Collecting Data Scattered in Different Countries


Reviewing Documents in Multiple Languages


Complying with Data Protectionand Privacy Laws Restricting Data Transfer Across Borders


Adopting a Seamless Approach to Processing and Review Throughout

Different Countries


Dealing with Clients with Different Ediscovery Experience Levels in

Their Countries


Straddling Different Cost Models

Questions

29

ACEDS-Kroll Ontrack 2-24-15 Webcast

Law

Transcript of ACEDS-Kroll Ontrack 2-24-15 Webcast