A Rock And A Hard Place: US Discovery And Chinese Law

Law360, New York (August 31, 2015, 11:47 AM EDT) -- Amiad Kushner

Jae Zhou Alongside increases in trade between the United States and China, Chinese companies increasingly find themselves embroiled in litigation in U.S. courts. U.S. litigation can pose unique dilemmas for even the most sophisticated People's Republic of China companies.

The issues faced by PRC companies were highlighted by a recent ruling from the Southern District of New York involving ZTE, a Chinese telecommunications company. The court addressed two issues of importance to any PRC firm doing business in the U.S.: (1) whether U.S. courts can compel parties to disclose documents located in China that may be prohibited from disclosure...

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