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Multilingual eDiscovery: Cross-Border Challenges

May 19, 2022

Over the past decade, the internet has become extremely prominent and nearly essential in everyday personal and professional use. With every interaction on the internet, each person creates a web of data on behalf of themselves and their organizations. During the discovery process of a legal proceeding, we need a way to account for electronically stored information (ESI), known as eDiscovery, and when in multiple languages, multilingual eDiscovery.

eDiscovery is described as the electronic aspect of identifying, collecting, and producing electronically stored information in response to a request for production during a legal proceeding.

Multilingual eDiscovery in Cross-Border Proceedings

The eDiscovery process during legal proceedings is riddled with a myriad of complications. Adding to the sometimes seemingly exponential number of issues has been the increase in cross-border and multilingual disputes. The increase in international disputes introduces another layer of complexities to the eDiscovery process. There is so much to consider in a cross-border dispute, beginning with the discovery process, which in most cases nowadays will include eDiscovery. In addition to normal discovery processes, multilingual ESI may require translation. With any cross-border dispute comes Data Privacy rules which can vary from one jurisdiction to the next.

Data Privacy Laws

The Data Privacy Laws of the United States will vary from those of countries in Europe as well as from countries in Asia. In some instances, rules or laws conflict on what can be shared and how it can be shared.

As a Legal professional working on cross-border disputes, one must be acutely aware of those differences. Given the multiple issues that can come into play with cross-border disputes, it’s essential to have the right team of experts at your disposal, working hand in hand with your attorneys. To learn more about cross-border eDiscovery, review our ‘Challenges in Cross-Border & Multilingual eDiscovery Guide.’

eDiscovery Experts

International and cross-border litigation is daunting for even the most experienced legal professionals, but the challenges are even more significant when foreign-language ESI is involved. Morningside delivers end-to-end legal translation support in 200+ languages to simplify the multilingual discovery process. From staffing on-site multilingual document reviewers to delivering accurate, certified translations of relevant documents for production and trial. We also offer machine translation to identify key documents that require more precise, word-for-word translation, thus reducing the data set that requires translation to minimize costs and speed up review times.

We provide top law firms and corporate legal departments with high-quality, turnkey language solutions that lower costs, speed up review times, and work seamlessly with your current workflow. Our clients have found it far more cost-efficient and effective to work with Morningside’s litigation support team to manage the entire document management, translation, and review process. Our efficient case management system and always available staff allow us to provide expedited litigation support and litigation translation services reliably and on time.

Our eDiscovery translation support doesn’t stop there. With Questel LegalTech Solutions, Morningside clients have access to expert eDiscovery services from doeLEGAL, inc. doeLEGAL offers Ascent eDiscovery, which brings together the hosted eDiscovery solutions, services, and hands-on support needed to tackle your most complex multilanguage document review projects without any hidden costs. Operating as virtual members of your litigation team, Ascent eDiscovery experts take care of everything from culling and processing raw data and translation to creating productions while proactively working with clients to define and implement eDiscovery strategies that minimize the review burden, improve review efficiency and accuracy, reduce litigation costs.

 

Marlon PhotoMarlon Dayes

Director of Product Management at Morningside, a Questel Company

Marlon Dayes has been at Morningside for six years as Director of Product Management. He employs agile methodologies to streamline operational workflows and drive the development of client-facing platforms.

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