Managing The EU-US Discovery Conflict

Law360, New York (October 8, 2008, 12:00 AM EDT) -- A global economy means that U.S.-based litigations often have international implications.

There are numerous Europe-based companies, such as those in the high-tech, automotive, telecom and pharmaceutical industries, that frequently sue, or are sued, in U.S. courts.

So it is not hard to imagine a plethora of scenarios where at least one of the parties to these cases requests production of documents located in Europe.

But when the requests call for documents containing information relating to an identifiable individual, a conflict arises between U.S. discovery obligations and...
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