Document-retention policies are imperative to data management and reducing the costs of document preservation and protection, according to Masahiro Tanabe of Foley & Lardner. But, he says, many non-U.S. companies don’t understand this.

“Except for truly global companies that have plenty of experience in U.S. litigation, many non-U.S. companies do not know how broad and burdensome the discovery process can be,” he says. They’re also not mindful of the obligation to preserve documents prelitigation and then don’t have defensible document-retention policies that will hold up in litigation here.