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

Written by Annie Malloy

Updated: Jan 31, 2023

Authors

Maureen O’Neill

Senior Vice President, Strategic Engagement

About Author

Maureen O’Neill serves as Consilio’s Diversity, Equity & Inclusion Officer. She leads the development and implementation of the company’s strategies, policies, and programs for ensuring a diverse, inclusive, and equitable workplace. Maureen guides the organization in carrying out its mission of attracting and encouraging a diversity of backgrounds, experiences, and ideas, and fostering an inclusive culture among its global workforce.

Prior to joining Consilio, Maureen was a partner at Paul Hastings LLP, where she represented Fortune 100 and other multinational companies in complex employment litigation, including class and collective actions. Maureen also cochaired the Firm’s E-Discovery Practice Group. In that role, she advised clients on various e-discovery issues, and consulted internally with attorneys at the Firm on best practices for litigators engaged in e-discovery.

More from the author

Summary

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

Summary

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

Fill out the form below to download the complete insight.

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