Foreign Language Review in a Box Translating the Issues

PANELISTS Caroline Sweeney Global Director E-Discovery & Client Technology Services Dorsey & Whitney Richard Kershaw Managing Director FTI Consulting, Hong Kong

GETTING STARTED Jurisdiction: Why Does It Matter? Technologies: What’s Different? Review & Translation: Where Do You Start? How Do You Find the Right Vendor? Key Takeaways

What is the CULTURE? Local laws Privacy, Privacy, Privacy…can the data be moved? Asia Resources: Vendors, Technology, Reviewers Workflow Options WHY DOES JURISDICTION MATTER?

TECHNOLOGIES: WHAT’S DIFFERENT? Collection Forensic preservation really matters BEWARE: Non-Unicode data Search & Cull Fulltext indexing: How does it work with foreign languages? Understanding tokenisation Will Predictive Coding or Concept Clustering work? Review Platforms

REVIEW & TRANSLATION: WHERE DO YOU START? Native language review or translate to English? Translation Person vs Machine Certified or not – what is the price? Where will the review team be located? How do you find reviewers that are…….. Fluent in native language & English Understand relevant law & culture

HOW DO YOU FIND THE RIGHT VENDOR? Experience in the jurisdiction (how long & what) & references? What other vendors do they partner with or subcontract to? Do they have native speaking consultants in country? Sample resumes of staff on the ground & language skills? Ability to do collection, processing & hosting? Where are their OWN forensic labs & where is data hosted? Technology/TAR/machine translation capabilities for non-English review? How does the vendor process non-unicode multibyte data? How is the data indexed & tokenised, how does this impact search strategies? Ability to handle complex encryption & other types of ? Do not make assumptions! Ask questions!

KEY TAKEAWAYS Asian languages present technical challenges, compounded by layered regional compliance requirements: o Experience is important o Technology won’t solve everything, workflow design is more valuable than software features Use agile project management Understand your options Understand jurisdictional requirements: o Work with legal team to balance local discovery requirements to conduct foreign collection, processing, review & production Don’t do it alone – tap into experienced vendors

COMMENTS/QUESTIONS

SPONSOR CONTACT INFO Richard Kershaw Managing Director, Technology Level 22 The Center 99 Queens Road Central Hong Kong SAR E: T: M: