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Global companies facing cross-border The Challenge: Complying with data privacy directives
corporate investigations and litigation
have realized immediate and significant
while reducing the cost and risks of e-discovery arising from
value using the Clearwell Mobile Lab. cross-border corporate investigations and litigation
The solution’s benefits include:
Today’s corporations are engaged in global trade, and when litigation or corporate investiga-
• Solve corporate investigations quickly
and accurately tions occur they are often required to produce data that resides in foreign countries. As regu-
lators increasingly enforce laws such as the Foreign Corrupt Practices Act (FCPA), and more
• Respond to cross-border litigation in
a timely manner, avoiding sanctions and more business transactions cross international borders, meeting these requirements
becomes especially difficult given the differing data privacy laws of the various countries in
• Easily transport the appliance,
allowing corporations to keep matter which the data exists. Specifically, Europe’s Data Protection Directive (Directive 95/46/EC)
data within country, and comply with protects personal data privacy and restricts the transfer and use of data with countries that
privacy laws do not comply with the data protection requirements detailed in the directive.
• Deploy in 25 minutes, with no sup-
port needed from IT Therefore, global corporations involved in cross-border corporate investigations and liti-
gation are forced to choose between two difficult, alternative approaches to e-discovery. On
• Perform early case assessments
and quickly cull data to reduce the one hand, they could seek Safe Harbor certification to transfer data to another country.
review costs However, Safe Harbor certification is not applicable in all matters, and requires compliance
with several safe harbor principles, which can be very onerous, expensive and time consum-
ing to meet. On the other hand, companies could conduct manual e-discovery within coun-
try using traditional tools. This approach significantly delays e-discovery, increases costs, and
could potentially lead to legal fines and sanctions if deadlines are missed.
Discover exactly who knew what, and when: Clearwell’s Discussion Thread
feature links together all related messages including all replies, forwards, CC’s and
BCC’s, and provides a chronological thread of the entire discussion. By tracing the
thread, investigators and legal professionals can quickly identify all participants
involved and determine who knew what, and when.
Quickly discover the most relevant evidence to your matter: Clearwell’s Rele-
vance Rank feature considers the unique properties of documents to return the most
relevant information first. The solution also automatically removes duplicates and
highlights key search terms. This eliminates time-consuming, redundant review of
the same content by multiple people. It also ensures that the same document is not
produced multiple times, significantly reducing e-discovery processing costs (which
Discussion Threads can cost as much as $1,800 per GB).
Automatically links emails into threads
allowing investigators and legal professionals Rapidly review and classify documents: Clearwell’s One-Click Tagging capabil-
to rapidly trace the history of an email ity allows reviewers to quickly tag specific documents, discussion threads, or entire
search results as “responsive”, “privileged”, etc. Attorneys can review documents online and
in native format thereby streamlining the e-discovery review process. The solution’s secure,
“The Clearwell Mobile Solution
role-based access enables legal teams to assign internal and external reviewers to specific
provides substantial benefits in that it
helps us comply with EU and documents associated with a particular matter or set of matters.
country specific data protection laws, Maximum analysis flexibility through advanced search capabilities: Clearwell’s
provides a well structured and fast
Advanced Search allows legal professionals to search for specific phrases, dates, header infor-
access to the data for review, and
robust e-discovery capabilities. For
mation, user groups, locations, tags, comments, and languages. Clearwell provides the flex-
our clients, this translates into highly ibility to include text variations such as plurals and alternative verb forms in search results,
effective and expedient review work and also provides exact matching via literal search. Users can leverage advanced e-discovery
in Switzerland, with a low risk of features such as wildcard, fuzzy, proximity, and Boolean searches.
discovery failures, and considerable
savings of cost and time.” Utilize Transparent Search across languages: Clearwell’s Transparent Search feature,
which includes Search Preview, Search Filters, and Search Report to lower false positives,
Dr. Martin Burkhardt
Partner cull-down matter data more effectively, and self-document the search process, supports
Lenz & Staehelin
multiple languages enabling more effective cull-down and rapid e-discovery search during
cross-border matters.
Easily integrate with e-discovery production tools: Clearwell can export all responsive
documents for production using 3rd-party e-discovery production tools. Legal teams can
export in native formats and EDRM XML, password protect the files, preserve folder struc-
tures, and export one file for all custodians or individual files for each custodian.
Monitor status of all matters: Clearwell delivers real-time summary reports to moni-
tor matter progress, ensuring that resources are properly allocated and deadlines are met.
Pre-built matter reports display the total number of messages reviewed, un-reviewed, and
tagged. Pre-built tag reports display the distribution of tagged messages by tag categories
such as “privileged”, “responsive”, “unresponsive”, etc.
Clearwell Systems, Inc.
441 Logue Ave.
Mountain View, CA 94043
650.526.0600 tel
650.526.0699 fax To schedule a demonstration, contact a Clearwell sales representative at
www.clearwellsystems.com sales@clearwellsystems.com, or call us at 877.727.9909.
Copyright © 2010 Clearwell Systems, Inc. All rights reserved. Clearwell, Clearwell Mobile, and Clearwell E-Discovery Platform are trademarks of Clearwell Systems, Inc