eDiscovery in Multi-Jurisdictional Investigations: Preparing to Play Multi-Level Chess
There have been two notable trends in multi-jurisdictional corporate investigations in recent years. First, is a marked increase in the extent to which enforcement authorities from multiple jurisdictions are willing – if not eager – to coordinate their investigations and resolutions. Second is a significant increase in enforcement authorities’ willingness to use eDiscovery technology and techniques to assist in investigations. These developments, taken together, add additional complexity to designing and implementing an efficient and cost-effective data review for multijurisdictional investigations that were already challenging because of national legal differences with respect to criminal statutes, privacy and legal privilege.
Indeed, undertaking a multinational internal corporate investigation has become like playing a multi-level game of chess – one wrong or ill-advised move can have serious consequences in multiple jurisdictions. Fortunately, there are practical solutions to these issues that do not require C-suite executives or senior in-house counsel to become eDiscovery experts.
This article will introduce the key issues and provide a framework so companies and their counsel can appropriately consider and manage these challenges in future investigations. First, we lay out the key steps in the process and then identify six pitfalls to avoid when undertaking an integrated review plan for data in multiple jurisdictions.