Mike Zogby, partner and co-chair of the products liability and mass tort practice group in Florham Park, and Yodi Hailemariam, information governance and data privacy associate in Washington, D.C., released the second article in a two-part series for Legaltech News, titled “Doing Discovery in Japan? Ganbatte! Privacy, Propriety, and Preparation.” With the series, Mike and Yodi provide insight into the legal, regulatory and cultural issues that arise when dealing with data collection and preservation in Japan, particularly in response to discovery demands in U.S. courts. In the first article, Mike and Yodi discuss how the 2015 amendments to the U.S. Federal Rules of Civil Procedure, particularly with respect to proportionality and spoliation, have affected data preservation and collection obligations in Japan.
In the second part of the series, Mike and Yodi explore key considerations that legal practitioners should consider when conducting discovery in Japan from regulatory, cultural, and logistical standpoints. They address Japan’s Act on the Protection of Personal Information and how it may soon be impacted by the EU’s impending General Data Protection Regulation, which is set to take effect on May 25, 2018. They also examine cultural differences in Japan’s business practices, such as a widespread preference for hard copies of documents and limited use of company-owned mobile devices. Finally, they make several practical recommendations for individuals seeking documents from Japan, such as selecting the right vendor and creating a streamlined workflow.