In 2007, our AmerAsia Company CEO and Founder, Todd King, established the Asia niche of the global eDiscovery industry. After 10 years and 151 pure Asian cases involving U.S./global disputes and investigations, AmerAsia knows discovery involving Asian Corporations.
AmerAsia achieves 3 prime discovery results for our clients:
- AmerAsia wins discovery battles
- AmerAsia wins testifying as the expert witness for client discovery plan defensibility
- AmerAsia wins on a client friendly cost budget
Based on our 10 year AmerAsia experience, we have analyzed, quantified, developed and implemented a proprietary AmerAsia discovery plan methodology we call the “Butterfly Effect.” The AmerAsia Butterfly Effect successfully addresses unique characteristics commonly found in Asian client environments:
- Risk of Failure
- Civil Law v. Common Law
- In-Country Data Privacy/Data Protection/State Secret Laws
- Language Barriers
- Records Management Practices Inconsistent or Non-Existent
- Unique electronic record encryption/password protection protocols
- Unique software encoding schemes, applications and databases
- Financial Budgeting
- Client Discovery Plan Defensibility in local, U.S. and global jurisdictions
“Butterfly Effect” - A term coined by Mr. Edward Lorenz, mathematician and meteorologist at the Massachusetts Institute of Technology, when he discovered that a very small change in initial conditions created a significantly different outcome than expected. Mr. Lorenz also pioneered “Chaos Theory” - when the present determines the future, but the approximate present does not approximately determine the future.
Based upon 10 years and 151 pure Asian cases, AmerAsia Discovery has perfected the industry standard best practice for document discovery involving Asian corporations in U.S. jurisdictions. We call this best practice the "Butterfly Effect". Our proprietary Butterfly Effect wins discovery battles, maximizes attorney comprehension of Asian language documents, achieves full dual defensibility, maximum efficiencies and predictable minimum costs (note: minimum cost does not mean the least expensive line item unit rates - minimum cost equals the least costly document discovery expense/budget possible for the paying corporation).
Chinese and Asian language document reviews conducted in the States can be troublesome, error prone and expensive; for the paying corporate client and outside law firm lawyer alike. Based in the States, far from U.S. law firm and MNC offices in Asia is the cumbersome norm today making working across Asia difficult and handling China document reviews, impossible. Basic, vital review issues of evidence, privilege, defensibility, timeliness, States Secrets, Data Privacy, Dual Defensibility and cost arise fast, in less than 24 hours and a team is ready, or not. Improper protocols, quality control and inexperience in Asia can mean even the most sophisticated professional, but inexperienced in Asia, will very easily cause Documents to be missed (electronically and manually), over translated, privilege documents mistakenly produced to industry competitors, or worse, a crime committed in the foreign jurisdiction you are looking to remove documents/data/evidence from for the current issue/matter at hand.
Our proprietary Asian document review methodology "The Butterfly Effect", combine with our innovative AALOC offerings achieving maximum case review results, maximum case team language comprehension, maximum dual defensibility, all while minimizing costs at a flat rate document review standard. Due to our proprietary Butterfly Effect protocol, AmerAsia provides fixed cost document reviews ensuring the pressure is on us to deliver and not on you to explain another discovery budget overrun to your team, boss and client, or worse.
Dual Defensibility is achieved via standard Discovery Plan Butterfly Effect protocols. Dual Defensibility means proving compliance with all data privacy/data protection laws of our Clients’ home country while simultaneously adhering to stringent discovery laws in U.S. and global jurisdictions. The obligation and defensibility risk rests squarely on the shoulders of the Asian corporation. As an agent of the court, outside counsel can NOT testify on behalf of the corporate litigant. Personnel from the Asian corporation, or its' expert witness (AmerAsia Company), can only testify that the corporation litigant has satisfied all U.S. laws and Rules of Evidence relating to their document discovery obligations in U.S. court.
Applying our proprietary Butterfly Effect, AmerAsia always achieves dual defensibility for its' Asian corporate counsel and outside counsel. AmerAsia testifies that our Asian client has met all U.S. defensibility standards in the production of evidence as well as complying with in-country Asian data privacy data protection laws. AmerAsia has successfully navigated data privacy/data protection laws in the following jurisdictions:
AmerAsia personnel have successfully testified as Discovery Plan Experts on behalf of our Asian clients defending the defensibility of their U.S. discovery plan. Representative U.S. case testimony includes:
- “Certain Ceramic Capacitors and Products Containing Same; ITC No. 337-TA-692”
- “Mann V. Toshiba America Consumer Products, L.L.C. et al”; New Jersey District Court, case No. 2:07-cv-03854
- “MinMetals, Inc. V. Dragon Boom, Ltd. et al”; New Jersey District Court, Case No. 2:13-cv-03072
- “Masimo Corporation V. Shenzhen Mindray Bio-Medical Electronics Co., Ltd”; Central District court California; 8:12-cv-02206
While the corporate client may be based in Asia, the jurisdiction where the case is litigated/investigated defines the arena where the battle is fought and the rules by which the battle is won or lost. The litigant who wins the discovery battles has the best chance at prevailing successfully in the matter at hand. Discovery counsel and AmerAsia work seamlessly together motioning the court and producing discovery evidence earlier, faster and more effectively than our opponents do.
Gaining the tactical advantage during discovery generates client “soft power” credibility with the judge or discovery magistrate. Our “butterfly effect” and Dual Defensibility “hard power” combine with client court room soft power distancing oneself from the U.S. discovery typhoon befalling the uninitiated or unprepared litigant based in Asia. The client that wins discovery has a much better chance of winning the case. AmerAsia knows how to win discovery battles for our Asian clients and outside counsel.