Consilio Advanced Learning Institute

Cross-Border Discovery: A Guide to Practical Challenges for US Counsel



Economic globalization continues to drive the movement of data around the world within and between multinational organizations. As a result, lawyers in the US handling litigation and regulatory matters for those organizations are seeing a steady increase in activity that crosses international borders. For example, it’s quite common for a commercial dispute in a US court to involve witnesses and information located in another country.

The legal issues surrounding the cross-border movement of data and information are exceedingly complicated, but the aim of this paper is not to untangle that knot of complex legal issues. Instead, its purpose is to provide US counsel with practical guidance in navigating the logistical and operational challenges that arise in a typical cross-border matter requiring information from a foreign jurisdiction to be imported into the US for purposes of discovery.

In this Whitepaper

  • Common social and cultural differences
  • Potential technical challenges
  • Timing and scheduling realities

Key Insights

  • The necessity of local counsel
  • The importance of fluent speakers
  • The need for extra time and budget

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