Freshfields attorneys Tim Harkness and David Howard will be joining the Practising Law Institute (PLI) to host a webinar entitled “Cross-Border Discovery in a Changing World: Strategies for Legal and Compliance Teams.”
As litigation and investigations increasingly cross international boundaries, corporate counsel face one of the most complex procedural challenges in modern legal practice: reconciling US discovery obligations with non-US concerns such as foreign data protection laws and sovereignty considerations.
This session provides a practical framework for navigating these competing demands, such as those between US courts and national blocking statutes, or confidentiality regimes in jurisdictions such as France, China, and Switzerland.
Incorporating real-world examples, we will explore:
- The landscape of US Section 1782 proceedings and discovery in aid of non-US litigation.
- Strategies for managing conflicts between discovery orders and foreign privacy or bank secrecy laws.
- Defensible approaches to data collection, transfer, and review that demonstrate good faith and respect for comity.
- Risk mitigation techniques, including early consultation with foreign counsel, phased productions, and protective orders.
- How regulators and courts are balancing non-US rights with US discovery imperatives in cross-border disputes and investigations.
This program is designed for in-house counsel and compliance officers seeking to proactively manage cross-border discovery risk. Attendees will gain actionable insights into cross-functional policies that promote compliance while maintaining litigation readiness.
Please register here.
