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  • Litigation Discovery

    We now live in a global economy, fueled by international trade and cross-border transactions. It is inevitable that such activities will sometimes lead to disputes and international litigation involving parties from different countries. Because of differences in legal systems, many companies in Asia are unfamiliar with litigation practices in foreign countries, especially the United States and in particular the discovery process. As a result, these companies may not comply properly with their discovery obligations and they may find themselves exposed to sanctions for spoliation of evidence, incomplete disclosure of information and inaccuracies and inconsistencies in their discovery responses. Additionally, many Asian companies are not properly prepared to provide deposition testimony as part of the discovery process. In addition to lack of familiarity with the deposition process, long distances and language barriers often make it difficult for American attorneys to spend adequate time identifying appropriate witnesses and preparing their Asian company witnesses for depositions in the United States.

    To address this situation, our firm has created a Litigation Discovery Group consisting of United States litigation attorneys, Korean attorneys, advisers and staff members to respond to rapidly-increasing lawsuits in the United States and other foreign countries. Located in Seoul, our professionals are local and readily able to meet with Korean and other Asian company representatives to help explain and guide them through the discovery process, including conducting appropriate searches for information, implementing litigation holds, designing E-discovery processes and identifying and preparing witnesses to testify at depositions and trials. Additionally, our team members possess language capabilities covering many Asian countries, and we have knowledge of cultural and legal system differences that enable us to provide clearer communications and enhanced understanding. This avoids costly missteps and increases efficiency, dramatically reducing the cost of litigation discovery.

    Our team also supports United States and other foreign lawyers with discovery motion practice. Having United States-licensed attorneys who are experienced litigation attorneys directly involved in the discovery process with the Asian company parties enables us to provide understandable and persuasive evidence that those parties have complied fully and appropriately with their discovery obligations.

    Our attorneys, advisers and staff members also have unique experience to design and implement E-discovery processes when needed. We have professionals who are knowledgeable in multiple computer systems, software, document management, lawsuit-supporting platforms, information storage and information search systems, who assist in confirming, collecting, processing and maintaining electronic information. We also are able to advise clients and foreign attorneys on storage, forensic acquisition, disposal, management and audits of electronic information through our exclusive partnership with Duzon Information Security Services, which is a leader in the area of forensic computer services.

    We also provide assistance to clients and foreign lawyers engaged in litigation against Korean and other Asian parties to conduct investigations and information to support the litigation positions of our co-counsel and clients. This includes investigating activities of opposing parties, and providing information relating to economic conditions, cultural, legal and regulatory differences that may impact on damage claims and other positions being taken by the opposing parties. We also advise and assist with identifying fact and expert witnesses in Asia who possess local knowledge and may be able to support the litigation positions of our co-counsel and clients.

     

    Services

    • Advise Korean and other Asian companies on foreign legal systems and their discovery obligations.
    • Assist Korean and other Asian companies in complying with foreign discovery obligations including searching for responsive discovery information, and providing consistent and accurate discovery responses.
    • Translate documents for production in foreign litigation.
    • Plan and implement litigation holds and E-discovery plans to permit the extraction of data and other information from large and complex databases for foreign litigation and government investigations including investigations by the FBI, the U.S. Department of Justice, the U.S. Securities and Exchange Commission and other governmental bodies.
    • Establish handling standards and policies as to storage, preservation and collection of electronic information.
    • Identify and assist in the preparation of Korean and other Asian company witnesses for depositions in foreign litigation matters and investigations.
    • Assist with oppositions to motions to compel and other motion practice relating to discovery compliance, including arguing such motions where appropriate.
    • Investigate opposing parties located in Korea and other parts of Asia to provide information supporting litigation positions of clients and co-counsel.
    • Advise and educate Korean and other Asian company representatives on document retention policies and strategies for document creation..

     

    Representative Work

    • Advised and assisted Korean manufacturing company involved in United States federal court litigation in complying with written discovery obligations including implementing a litigation hold, establishing and e- discovery program, searching for and producing relevant discovery materials and responding to written discovery requests, interrogatories and requests for admissions.
    • Advised Korean biotechnology company involved in state court litigation in the United States on discovery obligations and assisted company in supplying relevant information to co-counsel in the United States.
    • Identified appropriate Korean company witness for United States federal court litigation, advised company on the deposition process, prepared the witness for deposition, responded to the corporate deposition notice and defended the witness in deposition by teleconference.
    • Assisted major alcohol manufacturing company in Asia and co-counsel providing discovery in response to U.S. Securities and Exchange Commission bribery investigation.
    • Collected documents and extracted evidence relevant to cartel investigations by U.S. Securities & Exchange Commission on disk drive and air cargo dumping.
    • Assisted United States manufacturing company on investigation and discovery related to Foreign Corrupt Practices Act involving joint venture with Korean company.
    • Advised multinational Asian manufacturing companies on strategies for addressing discovery in United States product liability litigation and class actions.
    • Assisted Ford Motor Company co-counsel with investigating and challenging damage claims made by Korean plaintiffs in product liability litigation in the United States federal court litigation pending in Hawaii.
    • Assisted United States company involved in litigation with Korean plaintiffs to identify and retain Korean expert witnesses to address opposition claims.

    Key Contacts

    Lance B. Lee Kurt B. Gerstner
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