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Cross-border discovery disputes arise when documents that reside in one country are subject to production in another country. More often than not, the types of cases involving cross-border disputes are cases in the U.S. in which a party is trying to get documents from a party whose documents reside in Europe. It is often a “Catch-22” situation in which the need to gather relevant information in Europe for production in the U.S. conflicts with data privacy regulations, and sometimes even statutes in Europe that restrict or prohibit such discovery.

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