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The sweeping effects of globalization continue to transform the economic fortunes of many organizations. Companies that were previously content to limit their business operations to the U.S. are now branching into international markets in an effort to increase their revenues. As organizations push farther into unchartered economic waters, they are frequently encountering a range of murky legal issues. These issues, particularly cross-border discovery matters, can mushroom into costly and time-consuming tsunamis. Three cross-border discovery issues that have the potential to drown unsuspecting corporations in excess legal fees, lost opportunities and legal minutiae include:

  1. International discovery requests;
  2. Discovery requests made pursuant to 28 U.S.C. §1782; and
  3. The application of the attorney client privilege to corporate counsel.

Hostility to international discovery requests originating from the U.S.

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