Butterfly Effect

“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, Amer Asia 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).

Dual Defensibility

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 (Amer Asia Law), 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, Amer Asia Law always achieves dual defensibility for its' Asian corporate counsel and outside counsel. Amer Asia Law 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. Amer Asia Law has successfully navigated data privacy/data protection laws in the following jurisdictions:

COUNTRY

  • China
  • Japan
  • Korea
  • Hong Kong
  • Singapore
  • Taiwan
  • LAW

  • China State Secrets
  • Japan Act on the Protection of Personal Information
  • Korean Personal Information Protection Act
  • Hong Kong Personal Data (Privacy) Ordinance
  • Singapore Personal Data Protection Act
  • Taiwan Personal Data Protection Act
  • Amer Asia Law 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:

    1. “Certain Ceramic Capacitors and Products Containing Same; ITC No. 337-TA-692”
    2. “Mann V. Toshiba America Consumer Products, L.L.C. et al”; New Jersey District Court, case No. 2:07-cv-03854
    3. “MinMetals, Inc. V. Dragon Boom, Ltd. et al”; New Jersey District Court, Case No. 2:13-cv-03072
    4. “Masimo Corporation V. Shenzhen Mindray Bio-Medical Electronics Co., Ltd”; Central District court California; 8:12-cv-02206

    Winning Discovery Battles

    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 Amer Asia Law 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. Amer Asia Law knows how to win discovery battles for our Asian clients and outside counsel.

    Amer Asia Law = Client Wins