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Discovery France

Latham & Watkins LLP

Forced Production of Internal Investigations Reports Before French Courts

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Two decisions handed down in quick succession by the Paris and Toulouse Courts of Appeal highlight the complex interplay between interests at stake in each case. Both of the judicial decisions in question concerned...more

Latham & Watkins LLP

French Supreme Court: Unfairly Obtained Evidence Can Be Admissible in Civil Litigation

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Amid the continued expansion of the right to evidence, the court reversed its previous position that evidence obtained through unfair methods was inadmissible. When asked to re-examine the relationship between the right...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

US Case Law Update - The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more

Jones Day

France Adopts a New Decree Reinforcing the Effectiveness of the French Blocking Statute

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Pursuant to Decree No. 2022-207 dated February 18, 2022, companies receiving discovery demands or requests for information from foreign authorities now must turn to the Strategic Information and Economic Security Department...more

Jones Day

French Blocking Statute: A Renewed Interest?

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Recent laws—such as the 2016 Sapin 2 Law and the new EU General Data Protection Regulation—provide for rules that are intended to ensure compliance with the French Blocking Statute, which prohibits any French party from...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts - April 2019

In this issue, we examine the release of the much-anticipated Strategic Hub for Innovation and Financial Technology (FinHub) guidance for analyzing how U.S. federal securities laws apply to initial coin offerings, the...more

Kramer Levin Naftalis & Frankel LLP

The Gauvain Report and Other Recent Legal Developments Reaffirm the Importance of the French Blocking Statute

Evidence gathering differs greatly between common law and civil law jurisdictions. For example, while a U.S. judge may in many instances allow extensive pretrial discovery, a French judge would generally consider nearly any...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

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With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Jones Day

New French Decree Strengthens Protection of Confidential Documents

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The Background: French Decree No. 2018-1126, which is intended to enhance the protection of documents containing confidential information, became effective following publication in the Official Journal. The Result: The...more

White & Case LLP

Publication of the Decree on the Protection of Trade Secrets in France

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Following the promulgation of Law n°2018-670 on the Protection of Trade Secrets on 30 July 2008 transposing the provisions of Directive (EU) 2016/493 of the European Parliament and of the Council of 8 June 2016 on the...more

Jones Day

Australian Court Approves Use of U.S. 28 USC § 1782

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For the first time, the Federal Court of Australia has allowed the applicants in an Australian proceeding to make applications for orders under 28 USC § 1782. In Lavecky v Visa Inc [2017] FCA 454 ("Lavecky"), the applicants...more

Planet Depos, LLC

The 4 Most Challenging Countries for Depositions (And Solutions!)

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Taking an international deposition can be a difficult task all on its own, but add The Hague Evidence Convention regulations, and there is a whole new challenge to behold! However, with this quick guide, it won’t be all that...more

Planet Depos, LLC

Depositions in Paris

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Taking depositions in Paris sounds like a glamorous time, until you read the fine print, that is. Your head likely will be spinning so much that you may as well be reading French. Unless, of course, you are fluent in...more

Planet Depos, LLC

Conducting Depositions in France – Part Two

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In a previous blog, we outlined the process of taking depositions of French citizens and third-country nationals before a diplomatic or consular officer of the United States. Depositions of French citizens and third-country...more

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