Discovery Across the Globe: Obtaining Evidence Abroad to Support U.S. Proceedings

(Paperback)

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Civil litigation in the United States is becoming an increasingly international practice, requiring litigants and courts to apply foreign and international law in order to resolve domestic cases. Discovery is one of the principal areas of civil litigation that requires collaboration across national lines and efficacy of court orders beyond jurisdictional boundaries. Although central to the practice of civil litigation in the United States, discovery is virtually unknown in most civil law jurisdictions, which creates a problem for obtaining necessary evidence from these countries.

This book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil Procedure and the Hague Evidence Convention. The book then describes, in successive chapters organized by jurisdiction, the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evidence obtainable, confidentiality and privilege, alternative dispute resolution, and costs.

Author Bio

Brett has a general commercial litigation practice with an emphasis on restructuring, financial services, securities, corporate governance and cross-border matters. He is cross-appointed to the Commercial Litigation and Corporate Restructuring Groups. He has extensive experience dealing with cross-border litigation issues for both corporate clients and financial institutions and is an active member of the American Bar Association where he currently serves in leadership as co-chair Professional Development Committee. Brett is the editor of the firm's Cross-Border Litigation Bulletin. Gavin heads the litigation and dispute resolution department, and is a long-standing member of the firms Partnership Board. He has more than 25 years experience of handling a broad range of UK and international business disputes, involving litigation, UK and international arbitration, mediation and negotiations. In particular, Gavin specializes in civil fraud, financial and banking litigation, breach of contract, corporate transactional and corporate governance claims (including breach of warranty, breach of directors duties and shareholder disputes). He acts mainly in the financial services and professional services sectors, and much of his work is cross-border. He has handled a number of multi-million and billion-dollar international fraud cases. He is also well-known for resolving partnership and employment disputes. Much of his work is international. Gavin is the current Chair of the City of London Law Society Litigation Committee, and Honorary Secretary of the London Solicitors Litigation Association. He is a former Honorary Secretary of the Association of Partnership Practitioners (APP) and former President of the American Counsel Association. Gavin has written numerous articles, and has been quoted many times in the national and trade press. He is rated as a leading dispute resolution individual in The Legal 500 and Chambers UK Guide to the Legal Profession. Jorge A. Mestre engages exclusively in a commercial-litigation practice, including international arbitration and litigation. In Chambers USA, he has been praised for his strategic sense and creative thinking in critical litigation matters and characterized as a brilliant litigator with the creative edge; he sees a tactical advantage in what seems like an intractable problem. Among his many high-stakes matters, Mestre successfully represented a Chevron attorney in a case that was part of the $100 billion, 18-year litigation over Chevrons alleged environmental damage in the Amazon. As part of the defense, a series of U.S. discovery proceedings were commenced that ultimately resulted in the Second Circuit ordering the production of more than 600 hours of outtakes (the most ever to be ordered produced in U.S. history) from Crudea film about the litigation. The Wall Street Journal has called the case the Legal Fraud of the Century. Rivero Mestre was honored by the American Lawyer as a winner of a Global Legal Award in the category of Global Dispute of the Year: U.S. Fraud Litigation for its work on the case. Mestre also represented six former directors and officers in FDIC v. Stipes, the FDICs lawsuit arising from its takeover of Westernbank Puerto Rico. The lawsuit, measured by the alleged loss, was the third largest brought by the FDIC during the recent financial crisis. Although the insurer denied coverage based on the Insured v. Insured exception, the District Court ordered advancement of defense coststhe first such order in this banking failure. Commentators have called the ruling a significant victory for the individual directors and officers who hoped to be able to rely on the D&O insurance policies in order to be able to defend themselves against the FDICs claims against them. In yet another high-profile matter, Mestre was appointed to serve as one of four members of the Plaintiffs Steering Committee in the multi-district litigation in the Southern District of New York in a case related to the massive Ponzi scheme perpetrated by Bernie Madoff. Mestre currently represents Dr. Craig Wright in a lawsuit that alleges he is the inventor of the crypto currency Bitcoinand the blockchain itself and that he has stolen half of the $22 billion fortune thus created. A seasoned practitioner, Mestre has litigated cases through trial in both federal district court and Florida state court and has handled appeals before numerous state and federal courts. He has also litigated domestic and international arbitration matters in both English and Spanish, including an arbitration victory in Spanish. He has served as a party-appointed arbitrator in cases administered by the International Chamber of Commerce, the American Arbitration Association, the International Center for Dispute Resolution, and in an ad hoc international arbitrationexperiences that give him a valuable understanding of how arbitration tribunals work. Whats more, Mestre has conducted internal investigations in the United States and in foreign countries, involving varied allegations of wrongdoing from securities fraud to accounting malpractice to Foreign Corrupt Practices. For example, he conducted an internal investigation related to procurement fraud for the United Nations (Office for Project Services). Reflecting the excellent reputation he enjoys in the community, Florida Governor Rick Scott recently appointed him to the Judicial Nominating Commission for the Eleventh Circuit, Miami-Dade County. Florida state court judges have also appointed Mestre as a Receiver and as an Assignee for the Benefit of Creditors. Mestre has served in various leadership positions within the American Bar Association including presidential appointments to the Commission on Hispanic Legal Rights and Responsibilities and the Coalition on Racial and Ethnic Justice and is the current President of the Hispanic National Bar Foundation. He is a member of the Florida, New York, and Washington, D.C. bars, as well as many federal courts.