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Discovery Hague Convention

Epiq

The Sedona Conference Commentary on Proportionality in Cross-Border Discovery: A Brief Overview | Epiq

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The Sedona Conference (TSC) and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure recently published their Commentary on Proportionality in Cross-Border Discovery (Commentary)...more

Esquire Deposition Solutions, LLC

The Need to Translate Pleadings for Service Overseas

A recent blog described the times when litigators are required to translate into English foreign-language documents exchanged during pretrial discovery, an increasing obligation driven by the global reach of modern...more

Esquire Deposition Solutions, LLC

Technology Is No Substitute for Careful Planning of International Depositions

No doubt remote deposition technology is compelling. Not only can remote depositions lower litigation spending and free up valuable attorney hours, they offer litigators the ability to efficiently depose witnesses located...more

HaystackID

Navigating International Discovery Restrictions: Seven Recommendations

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Background Note: International discovery exercises and investigations can be a complex and challenging process for cybersecurity, information governance, and eDiscovery professionals. Navigating the different laws and...more

Morris James LLP

Chancery Permits Discovery Under the Hague Evidence Convention

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In Re Cote D’Azur Estate, C.A. No. 2017-0290-JTL (Del. Ch. Dec. 12, 2022) - The Hague Evidence Convention provides an alternative method from the Federal Rules of Civil Procedure to compelling production from opposing...more

Morrison & Foerster LLP

Cross-Border Discovery at the ITC

Litigants in Section 337 investigations at the International Trade Commission (“ITC”) can seek discovery from foreign third parties by means of either (1) Hague letters of request, or (2) letters rogatory. These highly...more

Alston & Bird

The GDPR Reaches the US Supreme Court in Cert Petition

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The EU’s General Data Protection Regulation (GDPR) has been raised in a petition for certiorari before the US Supreme Court, apparently for the first time since the GDPR entered into application in 2018. A party in Vesuvius...more

Association of Certified E-Discovery...

An Update on International and Cross-Border Discovery

Parties in the US are allowed broad and liberal discovery of electronically stored information (ESI) relevant and proportional to the claims and defenses in a legal action. When a US-based litigant seeks ESI stored in other...more

Planet Depos, LLC

How To Take A Deposition in Slovakia

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Although global travel has essentially been put on hold due to the COVID-19 pandemic, you can still plan ahead for your next deposition abroad so you hit the ground running. We’re bringing you spotlights on some unique...more

Akin Gump Strauss Hauer & Feld LLP

Request for Letters Rogatory Denied Due to Tardiness and Likely Delay to Trial Date

Chief Judge Gilstrap of the Eastern District of Texas has denied a motion seeking foreign discovery from a third party pursuant to the Hague Convention, holding that the movant waited too long to seek such discovery. The...more

Fox Rothschild LLP

Judge Andrews Grants Defendant’s Motion For Issuance Of A Letter Request To Obtain Evidence In Foreign Countries Through Hague...

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By Memorandum Order issued by The Honorable Richard G. Andrews in Compagnie Des Grands Hotels d’Afrique S.A. v. Starman Hotel Holdings LLC, Civil Action No. 18-00654 RGA (D.Del. July 26, 2019), the Court granted the motion of...more

Planet Depos, LLC

How To Take A Deposition in Israel

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Israel is a land rich in history, drawing pilgrims of varying faiths from far-reaching parts of the world to her sacred sites.  Israel holds natural wonders, from the Dead Sea (the lowest point on earth in any landmass, with...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

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

Jones Day

Don’t Wait For Service Under the Federal Rules – Go to the ITC

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One of the advantages of bringing a dispute to the ITC is the ease with which service of process can be accomplished against foreign respondents. Unlike in district court, the rules at the ITC merely require that the ITC mail...more

Planet Depos, LLC

At A Glance: Taking Depositions in Europe

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Attorneys taking depositions in Europe will discover a few additional steps when scheduling. Within one continent, each country on the map will have its own rules, restrictions, and the like, making each one a new adventure!...more

Planet Depos, LLC

8 Tips for Taking Depositions in Europe with Ease

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Depositions abroad require a little extra patience, time and, sometimes, creativity to coordinate.  Working with an international court reporting agency for your depositions in Europe makes the process less daunting, more...more

Fox Rothschild LLP

They Put Money Where? Conducting Discovery About International Assets

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It happens to family lawyers all the time. A new client comes in to meet with us for an initial consultation and tells us that his or her spouse controlled all of the money and assets. The new client is panicked, because he...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

The Continuing Rise of Chinese Investment in Latin America - Chinese investment and transactions in Latin America exceeded US$125 billion in the last decade, and China is expected to continue to be a key player in Latin...more

Planet Depos, LLC

Six Tips for Taking Depositions in India

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Certain countries have a few extra or different steps when it comes to scheduling depositions. Depositions in Germany can be taken only at the U.S. Consulate in Frankfurt, for example, while Honduras requires a letter...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

A Snapshot of Depositions in Europe

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International depositions sometimes involve extra planning and consideration. Europe encompasses several countries imposing certain requirements or restrictions on the process of discovery – over 20, in fact. In addition,...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Key Takeaways: Back to Basics - A Primer on the Differences Between Litigating and Arbitrating International Disputes"

Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more

Planet Depos, LLC

Discovery in Belgium

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Taking depositions in Belgium is similar to taking depositions in the U.S. Although Belgium is not a party to the Hague Evidence Convention, prior permission for taking depositions of Belgian citizens is not required, nor...more

Planet Depos, LLC

Discovery and Depositions in Germany

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Although Germany is a party to The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, the German Ministry of Justice has placed certain restrictions regarding how voluntary depositions of...more

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