The ESI protocol is a negotiated document that expressly states how the parties to a litigation should produce electronically stored information (ESI). The ESI protocol assures against surprises and commands that ESI is preserved, collected, processed, and produced in an agreed upon, readily usable format.

This past May, the Quebec government adopted Bill 96, with the intention of ultimately strengthening the Quebec language laws and preserving the French language. Although businesses with more than 50 employees were already subjected to many of the Charter laws, such as the Charter of the French Language, the government has made significant changes to the Charter and introduced new laws through Bill 96.

Cross-border M&A deals reached an all-time high of $2.1 trillion in 2021. Many of these transactions were subjected to merger clearance proceedings in the US and/or abroad. As a result, an unprecedented number of US second requests, Canadian SIRs, and EC Phase II proceedings involved large volumes of documents in different languages. In the big data era, multilingual data sets are not just a nuisance; they’re a serious threat to substantial compliance given the expedited schedule of most merger review proceedings. With the right workflows and technology, however, the challenge presented by large, multilingual data sets can be surmounted without breaking the bank or jeopardizing compliance. This article reviews some of the relevant tradecraft.

For those readers who are not familiar with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the “Hague Service Convention”), it was established to facilitate service of process on parties living in another country. For those readers who are familiar, we hope that this article is not a PTSD trigger and only serves to make future encounters with the Hague Service Convention more manageable.

Investigatory review requires substantially more aggressive tactics than most other litigation review matters. Not all data has the same evidentiary significance. In fact, most data is noise that impedes case story building. A major focus for an experienced document review team is stripping that noise away and deploying resources to target only those pockets of data most likely to prove a theory.

The ACC last month hosted the San Francisco Bay Area Life Sciences CLE Conference, giving TransPerfect Legal Solutions (TLS) team members the opportunity to learn and connect with colleagues. One of the panels, moderated by Alex Trimble, Partner at Mintz Levin, Cohn, Ferris, Glovsky, and Popeo, focused on prioritizing patent filings. Panelists included Briana Barron, Arcus Biosciences Vice President of Intellectual Property, Alok Goel, Cepheid Senior IP Counsel, and Wesley Jackson, Valitor CEO. Eric Elting, TLS Regional Director, attended the panel discussion and came away with some valuable insights.