Legal Tech Hong Kong

©2013 Deloitte Touche Tohmatsu Limited. All rights reserved.

Legal Tech Hong KongMarch 2013

Richard WilliamsElectronic Discovery PartnerDeloitte [email protected]

mailto:[email protected]

©2013 Deloitte Touche Tohmatsu Limited. All rights reserved.Deloitte2

Topics to discuss today

• State of play

• Methodology and practical experience dealing with relevant legislation

• eDiscovery readiness and IT Integration lifecycle

• Time line and ability to deliver

©2013 Deloitte Touche Tohmatsu Limited. All rights reserved.3

State of play – challenges


Current experience and state of play in the market for moving data cross border – what we see as data processors

• Japanese

• Korea

• Hong Kong

• China

• Singapore

• Malaysia

• Vietnam


Challenges arising from cross border discovery

• Everything always needs to be ready for review yesterday

• Multiple jurisdictions means multiple laws, cultures, languages and geographical challenges.

• Need to create multiple review databases, therefore risking loss of efficiency for the review.


Working to find solutions to cross border discovery

• Globally integrated data processor with common standards for methodology, tools and data handling

• Ability to scale in any territory to meet demand

• Deep understanding and appreciation of local cultural and language

• Seamlessly integrate with legal teams and provide advisory services in relation to handling of data and local procedures

• Bespoke solutions

• Risk management focus to reduce risk for clients, legal teams and advisors/data processors


Methodology


Segregation of documents and data4 categories of relevance.

Relevant protected

documents

Relevant not protected

documents

Not relevant not protected

documents

Not relevant protected

documents

Universe of Documents and files


Framework

MNC Legal team PRC Legal team

Deloitte Client

Data Universe


How eDiscovery readiness and IT integration can help


eDiscovery readiness & IT integration

• Know your data universe and plan future technology upgrades

• Understand the cross border implication of hosting email and data servers

• ERP and financial system implementation

• Requirements to flag data protected documents


Assisted Review – a view on reducing timelines


Assisted review to reduce time and increase accuracyThe changing face of e-Discovery

• With increasing data volumes, data protection legislation emerging or being enforced in more locations and cross border matters becoming the norm there is pressure to develop a more efficient review methodology

• Clients want/need to exert greater control over review costs

• The catalyst - Assisted Review:

‒ Provides a cheaper, quicker option for document review that does not place reliance on a people intensive first tier review exercise

‒ Is already generating significant interest among law firms

‒ Leverages advances in technology

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Assisted reviewDefinition

It’s a review methodology that takes the expertise of human

reviewers and

amplifies their decisions using advanced search & classification

technology

Automating the document review process with human guidance.

Experts train the system & their efforts are amplified.

There are several search technologies that can classify documents (LSI, NLP, Bayesian).

Computer assisted review efficiency and quality is driven by and measured using a statistical based approach

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Assisted reviewAn iterative Process

Review Sample

Set

Create Random Sample Set

Validate Results

Categorise Document Universe

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Further applications of assisted reviewLeveraging the power of Analytics

• Prioritisation – Review the documents more likely to be Relevant first and the Not Relevant documents last.

• Culling/Filtering – Only review the documents more likely to be Relevant. The assumption is the remaining documents will be least Relevant and more likely to be Not Relevant.

• Quality Control – Quality control the work product of the review team. Sampling documents tagged as Relevant and/or Not Relevant.

• Tier 2 Review – Use of document clustering can assist the Tier 2 team in their assessment / approach to the second tier review process.

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Assisted reviewKey Benefits

• Potential to significantly reduce time and costs of review.

• Allows clients to assess the merits of their case far quicker.

• Potential for enhanced quality of document review.

• Enhanced coding consistency.

• Improved & cost effective QC processes.

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Case Studies


Case Study 1RTO company responding to regulatory matter in foreign jurisdiction

• Computer collected in various location in PRC

• All data centrally located in Shanghai data centre

• Data processed onsite in Shanghai by eDiscovery team

• Keywords applied to data to identify responsive documents to relevant issues at hand

• eReview undertaken by a team of reviewers (combined Deloitte/Legal firm team) who physically reside in PRC using standard 1st and 2nd tier review.

• Data identified as relevant reviewed by PRC law firm with specific scope to flag documents that may trigger State Secret or Commercially sensitive legislation.

• Documents that are flagged as not responsive to above legislation are provided back to the law firm/client in PRC for further action


Case Study 2Multinational Pharmaceutical company responding to litigation

• Computer collected in various location in PRC

• All data centrally located in Shanghai data centre

• Data processed onsite in Shanghai by eDiscovery team

• List of keywords specifically formulated to identify documents that may trigger State Secret or Commercially Sensitive legislation.

• Documents flagged as responsive to SS/CS Legislation isolated.

• Keywords applied to data to identify responsive documents to relevant issues at hand

• (SS/CS+NR) (SS/CS+Rel) (NR) (Rel)


Final words

Focus on reducing overall risk relating to data mobility by leveraging in country platforms

Global interconnectedness is the key to ensure consistency of approach and keeping abreast of rapidly changing environment

Working in an advisory capacity with our clients and legal teams.

Legal Tech Hong Kong

Documents

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