International E-Discovery

Managing a document review that contains foreign language documents and utilizes foreign language reviewers comes with its own set of unique challenges. In this article I provide insight into my experience managing a foreign language review (while not speaking the foreign language) and lessons I learned along the way.

In January, I wrote a blog about the landmark case of United States v. Microsoft Corp. pending before the United States Supreme Court. Following publication of that blog, the Court heard oral arguments on February 27, 2018. On April 17, 2018, the Court dismissed the case as moot after Congress passed an amendment to the SCA and the Government obtained a new warrant pursuant to the amended Act. I have mixed feelings on this one. 

The United States Supreme Court recently granted certiorari in the landmark case of United States v. Microsoft Corp. This matter presents the Court with an opportunity to establish new precedent in the field of international e-discovery. An amicus brief recently filed by some of the country’s leading e-discovery practitioners and professors, including Kilpatrick Townsend’s Global Discovery Counsel, Craig D. Cannon, urges the Court to use this occasion to provide further guidance as to the appropriate considerations of international comity that must be weighed when faced with a cross-border discovery dispute.