1. International Electronic Discovery: The Reluctant Employee Dilemma
Nicole B. Boehler
Senior Associate
Smith & Partners
Revision: 06-Jun-07
Print: 06-Jun-07

2. “No aspect of the extension of the American legal system beyond the territorial frontier of the United States has given rise to so much friction as the requests for documents in investigation and litigation in the United States.”
Restatement (Third) of Foreign Relations Law § 442 Reporter’s Note 1 (1987).
Revision: 06-Jun-07
Print: 06-Jun-07

3. e-Discovery is Now So Common – It‘s a Dilbert Theme
Revision: 06-Jun-07
Print: 06-Jun-07

4. Conclusions re e-Discovery in U.S. Litigation
e-Discovery is here and here to stay
e-Discovery will be the one of the most difficult, time consuming and hard-fought litigation subjects for years to come
We all need to prepare for the tsunami and learn how to surf it – or risk being washed away by it!
e-Discovery will involve an incredible volume of previously unaccessed information
e-Discovery must be handled properly so as to avoid extremely serious sanctions
e-Discovery requires the entire litigation team to have deep company IT knowledge and lots of internal cooperation/support
Revision: 06-Jun-07
Print: 06-Jun-07

5. But You’ve Done Your Homework
Completed corporate IT Audit
Created, implemented and maintain comprehensive document retention and destruction policies
Named an e-Discovery „Disaster Master“
Formed an e-Discovery taskforce comprised of attorneys and IT professionals
But what about the reluctant employee?
Revision: 06-Jun-07
Print: 06-Jun-07

6. The Reluctant Employee
Feels that US litigation and discovery are intrusive and burdensome … and keeps him from doing his job, and e-Discovery even more so
Has actual and perceived privacy rights – at work and at home with respect to work done there
Faces national legal and internal corporate rules, norms, and constraints regarding document retention and destruction – and what he can ask his employees to do
Experiences real language and cultural barriers
Revision: 06-Jun-07
Print: 06-Jun-07

7. Helping The Reluctant Employee Cope & Comply
Explain and train – and then explain again
Know the local laws and customs regarding workplace privacy
Know the local laws and internal corporate rules, norms, and constraints regarding document retention and destruction – and assist your client to ensure compliance with both US and non-US rules and regulations
Conduct e-Discovery with specificity and precision
Use local counsel and vendors when necessary
Work to overcome language and cultural barriers – it‘s your job, not his
Get to know the local customs and holidays
Revision: 06-Jun-07
Print: 06-Jun-07

8. Thank you for your attention!
e-Discovery – The Reluctant Employee Dilemma
Thank you for your attention!
Revision: 06-Jun-07
Print: 06-Jun-07