Global E-Discovery Challenges: Navigating the Risks Presented by Multi-Language Data March 28, 2017

Introductions MARK HJERPE Divergent Translations Partner JONATHAN ROSSI The CJK Group Managing Partner & Founder ANDY CROWDER Perkins Coie Associate ANDREW PRATT Perkins Coie Senior Discovery Consultant E-Discovery Services & Strategy JANELLE EVELAND BELLING Perkins Coie Managing Director E-Discovery Services & Strategy

Goals Understand challenges of multi- language investigation and eDiscovery Better serve your clients by managing risk through smart multi-language methodologies and processes Stay abreast of best practices and key topics in multi-language review, translation and technology

Understanding Multi-Language Risks “Foreign” language definition Multi-language content adds complexity Linguistic Logistic Cultural Avoiding 11th hour disaster scenarios

Preparation Determine whether there will be a foreign language element. Ask early and all (e.g., client lead, custodians, IT). Supplement with technology to identify the presence, type, and volume of foreign language documents. Outline if foreign language expert witnesses are needed.

Risk Management Before you collect or review consider: ITAR HIPAA EU privacy regulations Ethical considerations Preservation issues

Making an Informed Decision The scope of foreign language documents and export control issues allow for an informed decision about next steps. Staying in-house Partnering with a third-party review or translation vendor Finding expert witnesses

In-House Resources Advantages Disadvantages Leveraging institutional/client knowledge Full integration with core case team and English- language review team Disadvantages Limited number of attorneys with foreign language expertise Too large a volume of foreign language documents to review or translate within case timeframe

Building Your Team of Experts Internal bi-lingual expertise in working group? English speakers are not Band-Aids Foreign reviewers/attorney reviewers Onboard certified translation expertise Skill set and throughput differences Foreign language search term consultant Bi-lingual Project Manager

Onboard Effective Technology Flesh out technology options in helping to identify and organize foreign language documents ECA TAR Machine Translation (MT) We can still use tools like analytics on foreign language documents

Understanding Multi-Language Managed Review Multi-language review is not English review Technology & mixed languages “It’s all Greek to me” Foreign language review teams are not created equal Ethics in foreign language review Scarcity, talent evaluation and rock stars Bilingual attorney project managers

And now, a few simple sentences… 欧州委は20日付でグーグルにＥＵ競争法違反の疑い を警告する「異議告知書」を送った。独禁法違反を 是正するための手続きの第１段階で、欧州委は「最 終結果を事前決定するものではない」としている。 今後、グーグルの反論などを経て、欧州委が最終的 に違反だと判定すれば、グーグルは巨額の制裁金の 支払いを命じられる可能性がある。欧州での事業展 開の見直しも迫られそうだ。

Foreign Language Review Teams Bilingual Attorney Project Manager Characteristics, benefits, and drawbacks

Questions to Ask your Review Vendor How do you source and test (besides ALTA) your foreign language team? Will there be a bilingual attorney project manager overseeing the foreign language team? Is the bilingual attorney project manager experienced in foreign language review? If yes, does this person have the requisite skills to substantively review documents in the underlying language? How do you assess a good reviewer? Does the vendor have anyone on staff that is fluent in the language they are staffing and experienced in managing a foreign language review? How do you perform QC of a foreign language reviewer’s work? How will scarcity of the talent pool impact scale and the budget?

Understanding Professional Translation Can’t reviewers/attorneys do the translations? Onboarding a translation vendor: Document security Quality – reputation, references, results Volume/throughput capabilities Price: 5 stages of translation sticker shock War story: overpromising – how big is the linguistic pool?

Enhanced Machine Translation (EMT) Human translation is slow Human translation is expensive Content volumes are growing History of Machine Translation (MT) MT quality varies greatly by content MT often introduces errors EMT combines human & machine translation EMT isn’t cheap EMT must be vetted by relevant agencies

Closing Understand and plan for the complexities of multi- language E-Discovery Building your toolkit: People – rely on experts Process – requires change Technology – understand options Familiarity breeds confidence and competence (and adds value) on multi-language matters

Questions?

Thank you!