Big Data, Big Headaches: E-Discovery Developments in Criminal, Civil & Regulatory Investigations

    US-style data discovery may be headed to a jurisdiction near you. In a landmark ruling in the UK, Pyrrho Investments v MWB Property, a high court judge endorsed the use of predictive coding, or computer assisted review, for e-disclosure purposes. It is but one small example of how the US-focused electronic discovery industry, now a decade in the making, have infiltrated other jurisdictions. We expect the ever increasing volumes of data retained by corporations, funds and investment vehicles to drive litigation costs and strategy even outside of the US. In addition to traditional civil litigation, the explosion of data discovery has become a critical component in criminal and regulatory investigations, both onshore and offshore. This session will provide a primer on:· US based rules and how they impact other jurisdictions; · The costs and benefits of electronic data discovery/disclosure; · Forensic collection and options; · The hidden treasure trove of material found in meta data that can only be harvested using electronic means; · Best practices for cost containment and project management; · Data review strategies; and · Cross-border transfer of data for litigation purposes. 
    • Jonathan Sablone, Partner, Nixon Peabody


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