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Just because a Japanese company does business in Japan, it doesn't mean that it is immune to US lawsuits.A process called "Discovery" is important when corporate legal personnel are sued in the United States.Among them, the workflow for performing "eDiscovery" for electronic data is called "EDRM (Electronic Information Disclosure Reference Model)". I will explain what kind of workflow it is.
What is "EDRM"?
First, let me briefly explain the US lawsuit.Litigation in the United States requires that the parties have a meeting before the trial.At this time, a major feature of US lawsuits is the process of discovering evidence called "discovery," and electronic data in particular is called "e-discovery." In today's IT-advanced world, e-discovery occupies a very large proportion.
[Related article] What is eDiscovery?Explanation of the necessity and risks of countermeasures
Most lawsuits in the United States are settled before trial due to discovery.E-discovery, which accounts for the majority of these cases, is an important procedure that determines the outcome of litigation.The workflow for e-discovery is "EDRM". EDRM is an abbreviation for Electronic Discovery Reference Model, which means "Electronic Disclosure Reference Model" and is a global standard workflow.
Electronic data subject to e-discovery includes not only e-mail but also data obtained from all electronic information such as databases, internal applications, and website content.The scope and format of the data to be submitted shall be determined and agreed upon by the parties (or their attorneys).
It takes time and money to find data that should be disclosed from a huge amount of data, and if you accidentally erase it or forget to disclose it, you will be suspected of concealment.EDRM, which has a history of being formulated to rationalize the handling of electronic data in discovery, is like a common language among judicial officials around the world. It will be a fast track to
EDRM process and work
EDRM is a workflow consisting of 6 phases and a total of 9 items.
Information Governance
The first phase is "Information Governance", the proper control of electronic information.Some companies do not centrally manage e-mails, various documents, and content archives, but instead manage them separately and individually for each individual.
At present, it is desirable to clarify how data is handled, establish a policy for how to classify it, and manage it correctly.Appropriate daily data management is not only a measure against e-discovery in US litigation, but also the first step to effectively and reliably achieve corporate compliance.
Identification
The next phase is to “locate” the data for eDiscovery.The data to be disclosed will vary from litigation to litigation, but the amount of data that may be subject to litigation is usually enormous, and it is necessary to start by understanding the scope of information to be disclosed in the litigation and what is stored where. I have.In order to promptly start the important flow of “preservation” after this, the range of data that may be related to the lawsuit should be identified by legal personnel, attorneys in charge, litigants, and IT administrators as early as possible. set with
Preservation
The third phase has two items, one is "Conservation".Relevant data must be preserved from the time litigation is known to occur or can be foreseen.Protects identified data from inappropriate alteration, destruction or deletion.
In fact, a certain Japanese pharmaceutical company was accused of destroying evidence for destroying information requested by e-discovery in a US lawsuit, and was sued for a huge amount of compensation of approximately 6200 billion yen. .In order to prevent such an irreversible situation, it is essential to promptly preserve relevant data, identify the data as a preliminary step, and ensure information governance during normal times.
Collection
In the case of electronic data, it is usually "collected" and "preserved" at the same time.In addition to internal file servers, there may also be data and content stored only on the PCs and smartphones used by staff, so we need to complete the preservation and collection of such information in a wide range as soon as possible. Put.
Processing
"Processing" reduces the total amount of data by sorting out potentially necessary data from the huge amount of data preserved and collected in the previous phase.This includes, for example, excluding program files that are clearly irrelevant to the lawsuit, and deleting duplicate files on mail servers.Since the know-how used here affects the results and costs of the entire discovery, it can be said to be one of the most important processes in the series of e-discovery operations.
Analysis
"Analysis" is the task of identifying and extracting target data by conducting advanced keyword searches based on keywords related to lawsuits on the processed data.At this time, if the document data is in Japanese, the cost of discovery can be greatly reduced by extracting the appropriate data using highly accurate search technology that can handle Japanese character codes.The data obtained in this analysis work will be transferred to the next process, "browsing" by human hands.
Review
"Reading (review)" is the work of sorting the data sorted by "processing" and extracted by "analysis" into data that should be disclosed and data that should not be disclosed.At this point, experts visually inspect the data, classify it, and finally identify the data that the attorney will submit as evidence.Due to the number of people and time required, you should estimate a reasonable labor cost, which often accounts for the majority of the cost of eDiscovery.If English translation is required, it will be handled in this phase.
Production
The fifth phase is "creation".We convert and process the data that has been determined to be disclosed into an appropriate format according to the specifications.
Presentation (Submission: Presentation)
The final phase is “presentation”.At public hearings and trials, we will submit supporting materials to convince you of your company's position and claims.
[Related article] e-discovery support
Difficulties in dealing with EDRM on your own
Of the EDRM workflows, it is technically possible for IT administrators and information system personnel to work together with the lawyers in charge of processes up to preservation and collection.However, conditions and circumstances vary greatly depending on the content of the lawsuit, and in order to respond appropriately and quickly to the lawsuit, it is better to consult with and request a vendor that provides e-discovery support services from the initial stage. It will lessen your concerns.
It is recommended to ask a vendor with specialized knowledge, technology, and know-how
The data subject to disclosure is not limited to e-mails, but includes messages, online documents, content, etc. The range of data subject to disclosure is wide and the volume is enormous. EDRM is an important process not only for the preservation and collection of target data, but also for the examination of whether the data should be disclosed.It is realistic to request a vendor with specialized knowledge and technical capabilities.
How to choose an e-discovery support service company and points
We will show you how to find a reliable service vendor who can entrust eDiscovery measures.
Point XNUMX Knowledge and Coverage of the eDiscovery Area
Check what kind of companies and what kind of projects they have worked on, regardless of whether they are domestic or overseas.The number of projects we have worked on becomes know-how as it is, which leads to low-cost, high-quality support.
Point XNUMX e-discovery experience of Japanese companies
Since e-discovery is a US system, you might think that a vendor with a proven track record in the US would be more advantageous, but rather a vendor that has a good understanding of Japanese organizations, corporate customs, work styles, etc. is smoother.
Point XNUMX Applicability of technology including AI (artificial intelligence)
The most time consuming and expensive part of eDiscovery is the process of browsing data.By using software that identifies documents that may be related to a project, and by making full use of AI that can perform searches and extractions at high speed and accuracy, work that used to take hundreds of people for several weeks can now be done. can be overwhelmingly efficient, and the cost can be greatly reduced.
Point XNUMX Data protection measures
Since e-discovery often requires translation, there is a risk of information leakage if there is a flaw in the security system when a translation intermediary company entrusts individual translators.Check your data protection system.Also, in order to avoid data leakage outside the country, check whether the vendor can proceed with the workflow while keeping the data in the country.
Point XNUMX Satisfactory customer service and support
There is a time difference between Japan and America.If you send an e-mail, you will not receive a reply after 12 hours.Whether global correspondence is possible and speedy service provision are also important criteria for judgment.
For e-discovery support including EDRM, "FRONTEO" with extensive experience in international litigation using AI
FRONTEO's e-discovery support service provides one-stop support for all processes of EDRM, which is a global standard workflow.As a pioneer of e-discovery support companies in Asia, we have technology and know-how that we have cultivated in dealing with cases for about 20 years. Offers.
Providing Efficient Solutions Utilizing AI (Artificial Intelligence)
A solution that uses the in-house developed AI (artificial intelligence) engine, KIBIT, to efficiently cover "processing," "analysis," and "browsing," which are the cornerstones of normal information governance and EDRM.In particular, it demonstrates its power in "browsing," which is said to account for the majority of e-discovery costs.A unique algorithm achieves significant efficiency and cost reduction.
FRONTEO's AI engine flexibly supports various systems and special data.It is possible to specify difficult division positions of multi-byte characters represented by Japanese, Korean, Chinese, etc., which are difficult to handle with overseas tools, special character codes unique to Japan, and simultaneous use of multiple mailers. is.In addition, we have data centers in Japan, North America, South Korea, and Taiwan, and we have a system that can store data without taking it out of the country, and we have thorough security measures.
