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
WHY DOES
JURISDICTION MATTER?
What is the CULTURE?
•
Local laws
• Privacy, Privacy, Privacy…can the data be moved?
• Asia
• Resources: Vendors, Technology, Reviewers
• Workflow Options
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 email?
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: [email protected]
T: +852.3768.4584
M: +852.6771.5212
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