DiscoveryMining

As the world gets flat litigation needs to stay local. It may seem counter-intuitive, but the technology designed to support document-intensive litigation may hold the key to dealing with cross-jurisdictional disputes. E-discovery software, which provides secure collection of required records, and centralized storage, together with rapid sorting, access, and retrieval, can satisfy local requirements by providing a presence with strong local cultural and legal experience.

U.S.-based multinationals are confronted with differing demands regarding the proper handling of data in Europe. These companies, which rely on their local technology partners when dealing with discovery in the U.S., are faced with a new layer of complexity when foreign subsidiaries are involved. Foreign information privacy laws must be respected as part of U.S. discovery; the European Union has very strict rules regarding the movement of electronic data containing any personal information, so the “go-to” partners in the U.S. may not be as helpful if they have no local presence. In this case business may be global, but litigation is still local. Local law requires local expertise and local language support. The test for law firms and technology providers – particularly e-discovery companies - is to offer a local interface to a capability proven in the rigors of the U.S. system. In striking the necessary balance between the United States and non U.S. privacy, local experts in key markets and multi-lingual software are mandatory parts of the solution.

Forward thinking vendors, are serving their clients better by supporting each market in which their clients do business. The presence and expertise in local business culture will be a significant asset for any company seeking to take advantage of global markets. The way I see it you’ll need to ask the vendors out there to answer the following questions:

• Technology: Can this technology be implemented in an environment outside the US? If it can, how easily can it scale?People: Do you have the experts, who can not only navigate discovery, but also the local culture, laws and business community? Does the team represent a real bridge to the expertise created in the United States?
• Physical Location: Do you have a presence in strategic areas, designated by privacy or other data protection laws?
• Languages Supported: Do you speak the language? Can you process the language?
• Partnerships: Are there strategic relationships in place or possible (with local experts, for example) in the event they can contribute to enhancing credibility and trust?
• Certification: Are you sailing into a “Safe Harbor?”
• Going global isn’t for everyone and it’s tough to navigate these business challenges, however as Corporations and the Firms that support them go global selecting a vendor to scale with you is an important one.