A recent US Supreme Court decision raises concerns about exporting US-style discovery around the globe.
In the American judicial system, disclosure is known as discovery and is far broader than anywhere else in the world. This includes expansive and intrusive document discovery, plus broad compelled testimony under oath in private depositions. The burden imposed by these procedures, coupled with the fear of massive liabilities, has led multinational companies to structure their organisations in an attempt to isolate their US activities, and has led some companies to avoid doing business in the US altogether.
