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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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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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