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Legal, Cultural, Technical and Logistical Issues of Asian Electronic Discovery

Once a business faces the prospects of gathering ESI from foreign offices and subsidiaries, it will likely start to grasp the complexity of cross-border eDiscovery. This article discusses the legal, logistical and cultural challenges related to Asian eDiscovery, with a particular emphasis on Japan. These observations will be helpful to in-house counsel for US companies with Japanese operations, parents, subsidiaries or affiliates, or Japanese companies involved with US litigation. The need to respect foreign law may be obvious. In addition, handling logistical and cultural challenges to eDiscovery will make the process more effective, efficient and affordable.

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The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.