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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 is the Senior Vice President of Strategic Engagement. Drawing on more than 25 years of experience providing dedicated client service as an attorney and consultant, Maureen engages with Consilio’s customers to ensure a best-in-class client experience. She works cross-functionally across the company to develop and deploy best practices that embed Consilio’s commitment to service excellence, and to deliver the highest levels of quality and value. She seeks opportunities to create differentiating moments for clients—from bespoke educational sessions to loyalty programs to peer networking events—to foster client satisfaction and loyalty. Maureen also serves as Consilio’s Diversity & Inclusion Officer. She leads the development and implementation of the company’s strategies, policies, and programs for ensuring a diverse, inclusive, and equitable workplace.

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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