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Beyond Blocking Statutes: Revisiting Foreign Discovery Under the Hague Convention

February 03, 2015

By CHRISTOPHER MCGRATH & NEIL SCHUMACHER

U.S. litigants seeking documents and witnesses located abroad face a number of obstacles, including the possibility of jurisdictional challenges, resistance to the U.S. discovery regime, and the significant expense and potential delay associated with obtaining such discovery. Complicating the effort are potential objections available for foreign-resident evidence based on local laws. For example, ‘‘blocking statutes’’ common in Europe typically restrict disclosure of commercial information about domestic companies without prior consent of a local judicial authority.

Reproduced with permission from The United States Law Week, 83 U.S.L.W. 1130, 02/03/2015. Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033)

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Image: Christopher H McGrath
Christopher H McGrath
Partner, Litigation Department
Image: Neil J Schumacher
Neil J Schumacher
Of Counsel, Litigation Department