You are defending a large American corporation, wholly owned by an even larger parent corporation based in Japan. You receive a comprehensive document production request defining the responding corporation to include not only your client but all parent and affiliated corporations. What discovery rules apply in determining whether you are required to produce documents held by the parent corporation? Do you have to produce the documents of the parent corporation even if it is not subject to the personal jurisdiction of the American court? What is the modern test for determining whether your client has “control” over the documents in the possession of the parent corporation?
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