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19 January 2012 / Robert Brown
Issue: 7497 / Categories: Features , Training & education , Profession
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Lost in translation

Robert Brown provides a lesson on multi-lingual e-Discovery

 

Traditional e-Discovery exercises are often based on an assumption that the documents of interest are in the English language. However, in today’s globalised business environment, companies have multinational corporate parents, subsidiaries, suppliers and customers, and frequently conduct business in languages other than English. 

This situation is exacerbated by the increase in cross-border disputes and regulatory investigations, which leads to companies needing to locate and retrieve data from local offices and subsidiaries in multiple countries. Alarmingly, many organisations have no strategy in place for dealing with non-English documents. For example, if, at the disclosure stage, a company claims they have disclosed everything of relevance, without taking adequate measures to search any foreign language documents, and later review reveals documents that are relevant but have not been disclosed, the repercussions can be serious. It is, therefore, imperative that legal professionals are prepared to deal with multilingual document review projects as a matter of course.

Effect of language on review

When it comes to a large scale document review project, the processes impacted by
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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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