It is increasingly common for companies to be subject to lawsuits in multiple countries involving similar underlying facts, brought by different plaintiffs. For example, companies may be alleged to have engaged in malfeasance abroad, and subject to lawsuits in both the United States by a U.S.-based plaintiff and the country in which the alleged conduct occurred by a plaintiff in that country.
One aspect of such multinational litigation is the impact that discovery in one jurisdiction can have on the proceedings in another. Discovery in U.S. courts is often broader than in foreign courts, where applicable rules on discovery limit parties’ ability to obtain documents and other evidence. In some cases, however, foreign plaintiffs have successfully been able to obtain access to discovery produced in related U.S. proceedings by filing motions to intervene under Fed. R. Civ. P. 24(b). This article discusses such motions to intervene in order to gain access to U.S. discovery and provides strategic guidance for dealing with such motions.
Motions to Intervene to Gain Access
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