Electronic Discovery Services

Challenges facing Japanese Companies

Recently, there has been a notable increase year by year in the number of patent infringement lawsuits and investigations into cartel antitrust violations involving Japanese companies. However, even though the discovery rules in common-law countries such as the United States and the United Kingdom demand disclosure of certain information between the parties to a law suit, the number of individuals in Japan intimately familiar with such a discovery process is significantly low. Such lack of knowledge is particularly alarming when considering that failure to comply with the discovery process can lead to imposition of monetary or other sanctions.

With Japanese companies seeking to further develop their business overseas, including acquiring foreign business interests, the threat of patent litigation and antitrust enforcement actions are unavoidable, to the point of being potentially serious business risks to the corporation. Furthermore, with Japanese regulatory authorities increasing surveillance activity and investigations into antitrust violations, discovery has become both a domestic and international important concern for Japanese companies. 

E-Discovery Process

Our team of specialists in digital data based inside Japan, including Certified Fraud Examiners and Attorneys, assist and support our clients at all stages of process. In addition, by leveraging the Deloitte global network, the preservation and analysis of data located internationally can be done concurrently.

We deliver solutions to complex electronic discovery challenges our clients face using our state of the art facilities and technology. We collaborate with our clients to assist with the preservation, collection, processing, hosting and production of data subject to discovery. Knowing that each circumstance is unique and not suited to a simple “one size fits all” solution, our team works with clients to develop and tailor the appropriate resources, approaches and technologies for each situation.

Our experienced computer forensics professionals help our clients find the critical information that they need by collecting, preserving and harvesting data from mobile devices, computer systems, servers, cloud systems and back-up media, as well as hard copy, while maintaining/preserving data authenticity and chain of custody. We can also conduct advanced digital forensics analysis on networks, RAM memory, mobile devices and video forensics. We also offer advanced decryption services, advanced file and system recovery, and forensic tape analysis & recovery.

In understanding the critical importance of information security to our clients, we maintain secure data hosting facilities inside Japan. We also maintain addition secure hosting facilities worldwide for data obtained outside Japan. 

E-Discovery Readiness

Deloitte Tohmatsu Financial Advisory Forensic Services professionals can help companies address the aspects of information lifecycle solutions, including information lifecycle management, email archiving, defensible disposition and systems involved in their eDiscovery workflow. We make recommendations designed to address the strategy and deployment of processes and technologies used to capture, manage, store, preserve and deliver information (e.g., email, electronic communications, documents, images, records, web content) that are related to business processes and/or regulatory requirements, wherever this information resides. 

Advantages of Deloitte Forensic Services

With Deloitte’s over 20 year experience worldwide in the provision of eDiscovery services, as part of that global network we have access to a range of highly sophisticated tools to aid in the eDiscovery process. This includes Deloitte Dynamic Review, a managed document review solution that employs a layered approach of filtering, analytics, text categorization (“predictive coding”) and validation to inform decision-making. Our clients and their counsel can use this analytic tool set and process to make better, more informed document review decisions. With Dynamic Review, we are able to help clients better organize and prioritize reviews, enhance quality control, further reduce the document population and allocate resources more effectively. Significantly, Dynamic Review is platform agnostic; therefore, clients are not required to purchase any additional technology or leave their existing review platforms to take advantage of Deloitte’s capabilities. Dynamic review is also capable of dealing with Chinese Japanese Korean (CJK) language encoded data sets.

We can assists organizations and their legal counsel by helping to improve the overall document review process, whether by managing Deloitte review attorneys, outside counsel, or attorneys from other document review providers. Our focus is on streamlining the review, improving accuracy, and creating cost savings through leading practices and workflows such as, pre- and post-processing data culling, the use of predictive coding and other analytics, and providing real-time reporting. In addition, as part of a managed review, our experienced team of attorneys and analytics professionals can provide consultative support to outside counsel regarding quality control work flows, privilege logs, document chronologies and synopses, and assistance with deposition and trial preparation.