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  5. Cross-Border Discovery in a Changing World: Strategies for Legal and Compliance Teams
Cross-Border Discovery in a Changing World: Strategies for Legal and Compliance Teams

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.

Date
Jan 12, 2026
Time
06:00 PM
Location
Virtual
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Freshfields speakers
New York
Timothy HarknessPartner
New York
David M. HowardSenior Associate
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