FTI Technology paper: eDiscovery in Asia

FTI Technology has published a helpful paper called eDiscovery in Asia as a guide to the practical, legal and cultural issues which arise when eDiscovery demands (mainly but not always from the US) are made in Asia.

It can be tempting to assume that other regions are much the same as your own and that business practices in one place are broadly similar to those back home. There is nothing particularly anti-American in saying that people from the US seem taken aback to discover that what is important to them is ignored elsewhere and, conversely, that people from other countries look askance at US practices. This is particularly true of electronic discovery.

American lawyers are constantly surprised to discover that other people do not make a religion out of preservation and legal hold rules, that they are content with reasonable discovery rather than everything and more, and that we do not share the cultural assumption that our opponent is always trying to cheat. Non-US businesses on the receiving end of US discovery demands stand amazed at the extravagance and lack of compromise in US demands.

If the gulf seems big as between the US and Europe, it is very much bigger in the wide and culturally-diverse region collectively thought of as Asia. I come across this particularly in the context of cross-border eDiscovery, but it is relevant in a wider context.

FTI Technology has been working in AsiaPac for along time and has seen (and helped develop) best practices for handling the legal, regulatory and technical challenges which arise. FTI has now joined forces with Asian Legal Business Magazine to interview lawyers in Asia on the changes to eDiscovery practices in the region. The result is of interest and importance to multi-national corporations and law firms and to anyone else interested in comparative approaches to a common problem.

The result has been incorporated into a paper called eDiscovery in Asia: What are the emerging best practices for handling the legal, regulatory and technical challenges? which you can download from here.

About Chris Dale

I have been an English solicitor since 1980. I run the e-Disclosure Information Project which collects and comments on information about electronic disclosure / eDiscovery and related subjects in the UK, the US, AsiaPac and elsewhere
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