Corporations with U.S. and overseas operations run the risk that an accident or other alleged wrongdoing abroad will land in both foreign and U.S. courts. Sometimes it is right after the event occurs, and other times, litigation begins in the foreign courts and comes to the U.S. months or years later.
Companies facing incidents that might attract such international attention must assess whether U.S. litigation is reasonably anticipated, thus triggering the need for a litigation hold. Once a U.S. duty to preserve exists, a litigant must carefully think through document preservation strategies and find a balance between preserving what is required to satisfy U.S. courts, while also complying with the preservation and data privacy laws that govern information in a foreign forum.
The Litigation Hold Calculus
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
