Note

The Need for a Refined Balancing Approach When American Discovery Orders Demand the Violation of Foreign Law

in
Keith Y. Cohan
Vol. 87, Issue 5
Note appears in Issue 5
87 Texas L. Rev. 1009 (2009)

Expansive discovery is one of the hallmarks of modern American litigation.  But what happens when uncovering important information requires the violation of foreign law?  Courts face two important questions: whether to issue discovery orders that could subject litigants to criminal sanctions, and in the case of noncompliance, whether to impose sanctions on such litigants.   In this Note, Keith Cohan examines the conflicts that arise and how courts attempt to resolve them, and discusses alternative solutions.

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