Guide for International Counsel: US Pre-Trial Discovery in Europe - July 2013 (Version 1)

Globalization and international trade bring European corporations and affiliates into contact with US markets. This may lead to US litigation, which differs significantly from litigation in most other countries of the world.

Increasingly, European corporations must handle US litigation discovery demands that require the production of evidence located in the European Union, in conflict with European and national privacy laws.

Notwithstanding conflicting obligations, there are ways to successfully navigate this legal maze. With advance planning and understanding, litigation risks can be controlled and mitigated.

This document provides guidance for lawyers and in-house counsel to properly satisfy their duties in relation to US discovery, without infringing European and national laws. Although the specific examples given relate to Germany, the situation is broadly similar across Europe.

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