What to do when the US wants YOU - Freshfields on the myths and realities of the US justice system
Horror. Abject horror. That is the typical initial reaction of global clients the first time they are introduced to the US civil justice system as actual litigants. They frequently have heard stories about American cases – horrendous punitive damages, out of control defence costs, questioning of witnesses that disrupts business and more. They may well be familiar with the general policy discussions surrounding US tort reform, e-discovery and the like. That sort of general familiarity, however, is neither helpful nor terribly informative the first time a client from a civil law jurisdiction receives an actual subpoena or, worse, a civil complaint, filed in a US court. Even for a client that has litigated in the courts of England and Wales, the prospect of US civil litigation, and the differences from the UK system, can cause genuine trepidation.
For global clients, US arbitration can be daunting, not least due to its procedural departures from other jurisdictions. Freshfields’ Timothy Harkness, Tom Snelling, Rolf Trittman and Karin Geissl attempt to quell fears around entering the US justice system
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