Stormy Digital Weather Ahead: The Forecast for Cross-Border eDiscovery in the Context of Litigation and Regulatory Investigations

Jayne Rothman, Vice President, Corporate Counsel, EPIQ Systems, Inc. , USA

We live in a digital world. Today, information is power, and electronically stored information (“ESI”) is its global currency. It is a world where well over 90% of information is created, transmitted and stored in electronic form. And it is a world where email, instant messaging, mobile devices and social media platforms such as Facebook® and Twitter® have become the lifeblood of corporate communication and collaboration. These platforms frame how organizations do business; they impact virtually every major corporate decision and action that might be the future subject of civil or criminal scrutiny. This article examines the clash of cross-border discovery with global data privacy and protection laws, and the perfect storm that it can create for compliance. It also attempts to forecast the stormy digital weather ahead for international in-house counsel by examining some of the major challenges of navigating these conflicting and competing forces.

Jayne Rothman is Vice President, Corporate Counsel for Epiq Systems, Inc. and its subsidiary companies. At Epiq, Jayne manages general matters including corporate, mergers & acquisitions, commercial transactions, litigation, employment, data privacy, compliance, risk management, insurance, intellectual property, and management of outside counsel, among others. Prior to joining Epiq in 2005, Ms. Rothman practiced at Dewey LeBoeuf LLP in Los Angeles, where she represented ABC/ESPN and creditors in the Worldcom and United Air Lines Chapter 11 cases, and at Weil Gotshal & Manges LLP in New York, representing corporate M&A and restructuring clients including Enron Corp., Hughes Electronics Corp., Old Mutual Plc and Six Flags, Inc. Ms. Rothman also clerked for two years for Chief Judge Mark W. Vaughn, U.S. Bankruptcy Court, D. N.H.

Epiq Systems is a leading global provider of technology-enabled solutions for electronic discovery, bankruptcy and class action administration. We offer full-service capabilities to support litigation, investigations, financial transactions, regulatory compliance and other legal matters. Our innovative technology and services, combined with deep subject-matter expertise, provide reliable solutions for the professionals we serve.