header-logo header-logo

19 January 2012 / Robert Brown
Issue: 7497 / Categories: Features , Training & education , Profession
printer mail-detail

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll