Civil Procedure International Trade Electronic Discovery

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When It Comes to eDiscovery, Think Globally, But Localize Your Approach

For years, the environmental movement has encouraged people to take action in their own communities, with the goal of their local steps eventually effecting change for the entire planet. A similar approach of thinking...more

Our 2016 Resolutions for eDiscovery, Part 1

As we welcome the new year, it’s time for many of us to make resolutions. After consulting our crystal ball, here are our suggestions for ways to handle the new normal counsel will face in 2016....more

The Year in eDiscovery Music, Part I

As we found out in a year jam-packed with game-changing developments affecting eDiscovery, “the players gonna play, play, play, play, play” (#18, “Shake It Off” by Taylor Swift). With the enactment of the new Federal Rules of...more

Economic Freedom, “Hong Kong Style”: Respecting Privacy And Ensuring Companies Can Resolve Disputes Efficiently

Hong Kong has always been known for its economic freedom. However, that economic freedom needs rules and protections to operate on a day-to-day basis. Recently, Hong Kong has taken bold steps forward with new rules and...more

The Land of the Rising Sun—and Rising Data Protection Requirements

Between January 2016 and September 2017, a series of amendments to Japan’s Act on the Protection of Personal Information (APPI) will go into effect. The amendments, which were promulgated in September 2015, are the first...more

Privacy Law, Cross-Border Data Flows, and the Trans-Pacific Partnership Agreement: What Counsel Need to Know

Privacy law has become such a hot-button issue that it now finds its way into multilateral trade treaties like the Trans-Pacific Partnership Agreement (TPP or Agreement). On November 5, 2015, the U.S. Trade Representative...more

Judges Examine Key Differences between U.S. and European E-Discovery

Exterro’s inFusion `15 user conference kicked off with a fascinating keynote on the differences between e-discovery laws in the U.S. and Europe. What made the discussion so interesting was that it featured two judges with a...more

New York Appellate Court Limits Application of “Separate Entity Rule” in Post-Judgment Discovery Context

In In re B&M Kingstone, LLC v. Mega International Commercial Bank Co., Ltd.,1 the New York Supreme Court, Appellate Division, First Department, held that the “separate entity rule” does not insulate a non-US bank’s New York...more

Around the (E-Discovery) APAC World in 80 Seconds

Although the Asia-Pacific (APAC) region is generally light on rules governing e-discovery, it transforms into a heavyweight contender when U.S. litigants must collect and review data there. With an accelerated rate of...more

Excavation, Evolution and EMEA Ediscovery: Spotlight on the UK and Germany

What do dinosaurs and data have in common? While it may seem like a strange comparison, excavating a fossilized Tyrannosaurus Rex may not be all that different from finding the most relevant information in terabytes of data....more

APAC Ediscovery

Last week I had the pleasure of speaking at an Association of Corporate Counsel event in New York. The day-long CLE was dedicated to helping U.S. in-house counsel address international and cross-border litigation issues....more

How to Keep Review Moving Along While the Sun Shines

Complying with deadlines in data-intensive discovery and regulatory matters is challenging enough, but when your timeframe and budget is also limited, it can be entirely challenging to identify, collect, review, and produce...more

E-Discovery Down Under

In Crocodile Dundee, a teenager approaches Michael “Mick” Dundee on the streets of New York, seemingly to ask for a light. As Mick complies, the kid pulls out a switchblade and demands his wallet. Though his date suggests...more

Assuring Regulatory Compliance Doesn’t Get Lost in Translation

In The Hitchhiker’s Guide to the Galaxy, hapless Earthling Arthur Dent jams a Babel fish in his ear that gives him the ability to instantly understand anything in any language around the universe. If only global e-discovery...more

New York court orders worldwide discovery from Spanish bank

In a recent decision that is now on appeal, a New York federal judge ordered a Spanish bank that maintained a New York branch to make inquiry of “all branches, within and without New York State,” for account information that...more

Court Declines To Order Discovery For Foreign Proceedings

Sleet, J. Petitioner’s application for leave to take discovery pursuant to 28 U.S.C. § 1782 from respondent, a Delaware corporation, for use in foreign litigation is denied....more

No Early Peek of Cross-Examination Documents - TD Ameritrade Holding Corp. v. Trading Techs. Int’l, Inc.

Addressing patent owner’s challenge to the accuracy of the translation of a foreign language reference that was relied upon in a petition for covered business method (CBM) review, the U.S. Patent and Trademark Office’s...more

SEC Sanctions Chinese Accounting Firms for Refusal to Surrender Documents

On February 6, 2015, the U.S. Securities and Exchange Commission (SEC) imposed sanctions against four China-based accounting firms for their refusal to surrender documents in conjunction with an investigation of potential...more

China Auditor Update: SEC and Chinese Audit Firms "Settle" for the Status Quo

In an Order of Settlement released February 6, 2015, the SEC agreed to stay the administrative action against the Chinese affiliates of the “Big Four” accounting firms for refusing to turn over their audit work papers...more

Expanded Disclosure Remedies for Claimants in International Cases Heard in England?

A valuable remedy open to a party in English civil proceedings is to seek a Norwich Pharmacal order. Such orders require a respondent to disclose certain information or documents to the applicant. The respondent party need...more

How Seriously Do Foreign Governments Treat Their Own Secrecy and Blocking Statutes?

The U.S. District Court for the Southern District of New York issued an interesting comity decision on whether U.S. courts should defer to foreign countries’ secrecy and blocking statutes when considering motions for...more

A Game-Changer for E-Discovery in Hong Kong

For parties engaged in cross-border investigations or disputes in Asia, as of September 1, 2014, civil litigants in Hong Kong must follow new rules that govern the discovery of electronically stored information (ESI) set...more

In re Application of Owl Shipping: Does § 1782 permit discovery to aid foreign arbitral proceedings?

The District of New Jersey has issued a recent opinion highlighting a potential resource for parties engaged in foreign arbitral proceedings – the use of 28 U.S.C. § 1782, which allows parties engaged in foreign proceedings...more

Delaware Chancery Clarifies Discovery Obligations of Domestic Affiliate of Foreign Company

The Delaware Court of Chancery recently held that, for purposes of responding to a non-party subpoena, documents held by the foreign affiliate of a US corporation were not within the US corporation’s “possession, custody, or...more

Recent Appellate Decisions Limit Access To Customer Assets Held At Foreign Bank Branches

On October 23, 2014, the New York Court of Appeals held for the first time that, under New York law, the "separate entity" rule prevents a court from ordering a foreign bank operating branches in New York from restraining a...more

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