Cross-Border Discovery: An Introduction to Cultural and Legal Obstacles
Today, an employee from a London company can wirelessly send emails to customers in New York from a Parisian café using cloud servers located in Dallas, Amsterdam and Berlin.
The low cost of electronic storage coupled with the high speed of global communication networks makes it increasingly unlikely that a corporation’s data is stored within the geographic borders of the United States. Electronically stored information (ESI) stored outside the U.S. presents a number of obstacles, in addition to the “normal” challenges regarding the collection, processing and production of eDiscovery. International treaties and agreements concerning cross-border discovery made before social networking platforms, cloud computing and ultra-fast global network connections are outdated, and with little hope of sweeping reforms any-time soon, it leaves much up in the air.
This Whitepaper describes the cultural and legal obstacles faced by companies while going global.