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19 January 2012 / Robert Brown
Issue: 7497 / Categories: Features , Training & education , Profession
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Lost in translation

Robert Brown provides a lesson on multi-lingual e-Discovery

 

Traditional e-Discovery exercises are often based on an assumption that the documents of interest are in the English language. However, in today’s globalised business environment, companies have multinational corporate parents, subsidiaries, suppliers and customers, and frequently conduct business in languages other than English. 

This situation is exacerbated by the increase in cross-border disputes and regulatory investigations, which leads to companies needing to locate and retrieve data from local offices and subsidiaries in multiple countries. Alarmingly, many organisations have no strategy in place for dealing with non-English documents. For example, if, at the disclosure stage, a company claims they have disclosed everything of relevance, without taking adequate measures to search any foreign language documents, and later review reveals documents that are relevant but have not been disclosed, the repercussions can be serious. It is, therefore, imperative that legal professionals are prepared to deal with multilingual document review projects as a matter of course.

Effect of language on review

When it comes to
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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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