Collecting Electronic Evidence in China? Beware!

This article was originally published in Corporate Counsel. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the author’s opinions only. 

Winston & Strawn Litigation Partner Shannon Murphy, Intellectual Property Partner Gino Cheng, and FTI Consulting Senior Managing Director Sandeep Jadav discussed forensic work and internal investigations in China. 

While U.S. lawyers who frequently conduct internal investigations may be well-versed in how to collect and analyze electronic evidence, there are nuances when the investigation involves entities, conduct or data in mainland China. As a result, a U.S. lawyer’s typical playbook may need to be tweaked, and special precautions taken, if undertaking investigative steps in the PRC.

This article aims to summarize some key nuances and differences in gathering and reviewing electronic evidence in China of which U.S. practitioners should be aware.

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