Case Study
FTI Technology’s Managed Document Review Team Provides Nuanced Privacy and Privilege Review for Multi-national Litigation
During cross-border litigation related to a merger, a multi-national client needed to conduct review on a set of documents that included personal information and spanned multiple jurisdictions with varying requirements. The client engaged FTI Technology’s managed document review experts to address unique privacy and privilege needs during review and ensure a thorough, timely completion of the review ahead of court deadlines.
Situation
The litigation originated in the U.S.; however, documents were also held in Europe, subjecting the review to limitations under the General Data Protection Regulation, and unique privilege rules in certain jurisdictions. Documents transferred to the U.S. as part of the court’s discovery demands had to first undergo review for personal information and privilege and recorded in a privilege log.
Hundreds of thousands of documents in multiple languages were in scope for the review, and the client was under a short timeframe to complete the transfer to counsel in the U.S. for production.
Our Role
Due to FTI Technology’s global reach and strength in its managed document review practice, a global team of U.S. and European-based document reviewers was rapidly assembled , establishing a review team with multiple language capabilities and privilege expertise in a very short amount of time. As the matter’s scope evolved, the team of 30 was expanded to 100 reviewers, including growing the number of bilingual reviewers from 20 to 39. Though dispersed in numerous jurisdictions, the team operated as one to ensure all privacy requirements were addressed and uphold nuanced privilege needs for every region involved.
FTI Technology also implemented complex customized workflows to complement reviewer guidance in addressing GDPR and privilege considerations. Advanced analytics were applied to increase efficiencies, including the use of continuous active learning and custom scripts to prioritize review, enable critical mass review of the relevant population on time, redact sensitive information and maintain an accurate, defensible privilege log.
Personal and other sensitive information was segregated from the document set for additional review in the European Union according to GDPR.
Our Impact
FTI Technology’s approach allowed the client to meet the tight timeline for review and produce relevant documents to the U.S. while upholding GDPR compliance and providing necessary privilege log submissions.
Automated workflows saved more than 3,000 hours of manual privilege log and redaction preparation.