ACEDS-Kroll Ontrack 2-24-15 Webcast slides

1. Delivering Global Ediscovery Successfully
Emily A. Cobb, Ropes & Gray
Andrew Szczech, Kroll Ontrack
Thomas Sely, Kroll Ontrack

2. Proprietary and Confidential | Kroll Ontrack
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3. Proprietary and Confidential | Kroll Ontrack

4. Proprietary and Confidential | Kroll Ontrack
Webinar Overview
 Introduction and Biographies
 Legal Frameworks
 Cultural Considerations
 Practical Experiences
 Questions
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Emily A. Cobb, Ropes & Gray
 Emily A. Cobb is an associate and senior discovery
attorney at Ropes & Gray, with expertise in electronic
discovery across numerous practice areas. Ms. Cobb
also maintains an active pro bono practice.
 Ms. Cobb practiced in Washington, D.C. before
joining Ropes & Gray, where her practice included
mass tort litigation, multi-district litigations, and
additional commercial litigation in federal and state
courts throughout the United States.
 Currently, Ms. Cobb concentrates on creating,
monitoring, and implementing best practices and
strategies for electronic discovery. Ms. Cobb works
closely with Ropes & Gray’s ediscovery attorneys and
Litigation Technology professionals to analyze
metrics, workflows and new technologies to identify
and implement opportunities for improving quality and
efficiency in ediscovery.

6. Proprietary and Confidential | Kroll Ontrack
Andrew Szczech, Kroll Ontrack
 Andrew Szczech, Director of Legal Technologies
Services, is responsible for the growth and delivery of
Kroll Ontrack’s legal technologies services in the
EMEA region.
 These services include ediscovery, computer
forensics and consulting which are provided in order
to assist clients in multiple practice areas including
dispute resolution and antitrust. Frequently, there is a
need for solutions to address complex cross border
data protection challenges. Andrew also manages the
growth and development of global accounts
throughout the EMEA region.
 Andrew has worked in IT for over 20 years, both in-
house and for solution providers. His main focus has
always been to ensure clients are able to maximize
the use of technology within their organizations.
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7. Proprietary and Confidential | Kroll Ontrack
Thomas Sely, Kroll Ontrack
 Thomas Sely is a Business Development Manager in
France. He advises French clients on the
management of electronic evidence and the use of
legal technology in matters ranging from forensics
investigations, compliance audits and French & EU
competition regulatory investigations to litigation and
dispute resolution.
 Thomas is regularly consulted on the practicalities
surrounding the collection, management, processing,
review and production of electronic evidence,
particularly where issues of French data privacy and
data protection are concerned.
 Thomas holds a DEA Droit des affaires and a Master
in Business Administration from the University of
Lyon. He is fluent in French and English.
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8. Introduction
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10. Legal Frameworks
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Discussion Points
 Common vs. Civil Law
 Ediscovery Rules in
Different Jurisdictions
 Data Protection Laws
in Europe and the
Extra-Territorial Reach
of Regulators

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Common vs. Civil Law
Civil law
Common law
Sharia law
Mixed law

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Ediscovery Rules in Different Jurisdictions
 Main differences between US and UK:
» Narrower scope of discovery allowed in the UK:
– UK CPR Rule 31.6: requires disclosure of documents on which the party
relies or which affect “the case”
» In the UK, there is the obligation to proactively produce clients’
relevant documents to opponents
» Proportionality standards more defined in the UK

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Ediscovery Rules in Different Jurisdictions
 Main differences between US and UK:
» Broader scope of discovery allowed in the US:
– US FRCP 26(b)(1): “any matter, not privileged, which is relevant to the
subject matter in the pending action…”
» In the US, lawyers must request opponents’ relevant documents
» Proportionality standards less defined

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Ediscovery Rules in Different Jurisdictions
 Ediscovery is a global phenomenon
 In EMEA and APAC, ediscovery is quickly evolving
due to the number of US companies in the region and
the need to produce information in US litigation
 Some countries have no formal discovery duties;
however, a role for ediscovery still exists to support
the review of company data in:
» Investigations
» Internal audits
» M&A work

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Data Protection Laws in Europe
 Complex data protection /
privacy laws vary per country
 Clash with US discovery laws
can lead to sanctions
 New EU Data Protection Regulation: the law is
about to get stricter which may lead to higher fines
and greater extra-territorial reach
 Legal and technology solutions help transfer data
safely
» How safe is the “Safe Harbor”?
» Are there local solutions?

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Questions You May Have?
Do US
discovery
rules trump
data privacy
laws?
Do all countries
have the same
approach to
privacy?
How do
companies
address
these
challenges?
What to do
when faced
with a case
where data
is outside of
the US?
What to do
about the
new EU
Data
Protection
regulations?

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Data Protection Laws in Europe
 Why does data have to remain in France?
» When overseas authorities order the disclosure of French data, it is
getting harder to comply
» Primary reasons:
– Blocking statute in penal law says you cannot send evidence out of
country for legal matters in other jurisdictions without specific procedure
– French Secrecy Law: French Parliament wants to enact this to better
protect French business’ trade secrecy against request of documents
from foreign authorities
» As data protection and business secrecy laws tighten up in France,
it is important that clients have more control over their data

19. Cultural Considerations
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Discussion Points
 What is it like to do business across the globe?
 How do employees consider themselves in
different parts of the world?
 What are the differing attitudes toward privacy?
 Do cultural differences affect attitudes towards
discovery?

21. Practical Experiences
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Discussion Points
 Collecting data scattered in different countries
 Reviewing documents in multiple languages
 Complying with data protection and privacy laws
restricting data transfer across borders
 Adopting a seamless approach to processing and
review throughout different countries
 Dealing with clients with different ediscovery
experience levels in in their countries
 Straddling different cost models

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Collecting Data Scattered in Different Countries

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Reviewing Documents in Multiple Languages

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Complying with Data Protection
and Privacy Laws Restricting
Data Transfer Across Borders

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Adopting a Seamless Approach to
Processing and Review Throughout
Different Countries

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Dealing with Clients with Different
Ediscovery Experience Levels in
Their Countries

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Straddling Different Cost Models

29. Questions
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