ediscovery? | INTELLECTUAL DATA
eDiscovery
WHAT IS E-DISCOVERY?
As domestic companies make more
inroads into global markets nowadays,
There has also been an increase of
Domestic companies getting sued
by other multinational companies for
disputes such as patent infringement.

Some global companies are actively filing cross-border lawsuits against Korean
companies for the purpose of trying to block market entry. Against such backdrop,
large conglomerates and SMEs in Korea are becoming more interested in eDiscovery
which is part of pre-trial in cross-border litigation process.

eDiscovery is a legal proceeding under the Common Law held before the trial
begins. Parties involved in the litigation must mutually share evidence and
documents to clarify the points of dispute. Examination of facts allows the
parties concerned to be in possession of facts and review them thoroughly, making
it possible to clarify the points of dispute and streamline the trial process.

US(California) Civil Litigation Timeline
The parties may mediate at any time- approx. 80% resolves with alternative dispute resolutions
  • Complaint
    21DAYS
  • Answer
  • Interrogatories
  • Meet and Confer
  • Document Request
  • Deposition
  • Case Management Conference
  • Expert Demand
  • Mediation/Settlement
    Cutoff
  • Trial
    30+ DAYS
DISCOVERY PHASE

[8~10month Continuation]

How eDiscovery Works
  • 1
    Forensic Collection

    Forensic collection is the process to collect the
    electronic data storage devices(PC, mobile device, or
    external storage drive) of a custodian who has connections
    with the trial or subject matter.

  • 2
    Upload, Process and Extract

    From the collected data, documents relevant to the trial
    are uploaded to a specialized solution for eDiscovery and
    processed. Through this process, the documents collected
    from various sources are converted into a format enabling
    extraction from the database upon search.

  • 3
    Search, Find and Review

    From the documents which were collected without any filtering,
    documents that are actually relevant to the trial or subject
    matter are searched, found and reviewed. Out of such documents,
    there is a review process so that the documents which may be
    acknowledged by the court as Privileged Documents may be excluded.

  • 4
    Redact, Convert and Produce

    From the documents to be produced, partial redaction of
    personally identifiable information or sensitive information
    not relevant to the trial is possible. The source data is
    converted into the appropriate format, and produced to the
    agencies (court, government investigative agencies and etc).

The Role of eDiscovery in Trial
  • 01 Efficiency

    Discovery allows both parties involved to exchange
    information and identify trials with no ground or means
    of defense. As a result, when the trial proceeds, one has
    a certain level of understanding about gain and loss or
    unfavorable standing in the case. This can accelerate
    voluntary resolution of dispute from the parties concerned
    early on in the trial.

  • 02 Fairness

    Unlike the Law of South Korea which the party concerned
    needs to prove one’s argument, Discovery under
    the Common Law requires information and records
    pertaining to the trial be produced as evidence and
    shared with one another based on the Good
    Faith Principle to clarify the points
    of dispute. This makes it possible to have fair arguments
    based on facts.

  • 03 Convenience

    After the amendment to FRCP in 2006, the previous
    paper-based discovery has been changed to Electronically
    Stored Information(ESI). Evidence converted into digital
    format has made the data analysis and identifying the
    points of dispute much easier and faster.