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You Say Tomato: American Tools with a European Application

If you are reading this, you are familiar with eDisclosure / eDiscovery to some degree (it would be surprising otherwise since you clicked to read this!). The purpose is to briefly unpack and explain why the robust disclosure regime seen in America drove technological advancements that are fit for purpose not only in large scale DoJ or SEC matters, but also benefit Eurocentric disputes that have varied requirements and considerations.

If you have had the distinct pleasure of responding to discovery orders in the context of an American-based dispute, you will undoubtedly recall the manifestly excessive requests for information and extraordinary deadlines. The European Commission (EC) or Competition Markets Authority (CMA) in the U.K. and similar authorities throughout Europe will impose similar timeframes on targets, but this is more of the exception than the rule. European driven investigations can have overlapping qualities with those born in America, however; litigation and data-driven legal triage is simply not as robust.

The jurisdiction of England and Wales has a disclosure regime and parties often litigate in its courts as an adversarial system. The unavoidable difference is that European corporates do not invest nor budget for legal disclosure in a comparable proportion to those in America.

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Timothy J. LaTulippe, MSc.

Timothy J. LaTulippe, MSc.

iDiscovery Solutions
iDiscovery Solutions is a strategic consulting, technology, and expert services firm – providing customized eDiscovery solutions from digital forensics to expert testimony for law firms and corporations across the United States and Europe.