Bridging the Gap: Cross-Border Discovery Strategies in Common and Civil Law Jurisdictions

Understanding the distinctions between common law and civil law systems is critical for successfully navigating cross-border discovery and enforcement. This course demystifies these differences and explores how they impact discovery strategies and recovery efforts in international legal matters. Attendees will learn about key discovery mechanisms available in the U.S. and abroad, the specific contexts in which they can be employed, and the potential risks and benefits of their use. The program also provides practical insights into managing confidential non-U.S. third-party disclosures and achieving favorable outcomes in complex cross-border cases, making it especially valuable for litigation funders, bankruptcy professionals, in-house counsel, and seasoned litigators handling international disputes.

Learning Objectives:

1. Explain the fundamental distinctions between common law and civil law systems and their implications for cross-border discovery and recovery strategies
2. Identify key U.S. and non-U.S. discovery mechanisms, understanding when and how to use them effectively in international cases
3. Evaluate the advantages and disadvantages of discovery tools in various jurisdictions, including the use of Consent Directives and other compulsory evidence-gathering methods
4. Develop strategies for addressing confidentiality concerns in non-U.S. third-party disclosures to meet liability and recovery objectives
5. Apply practical takeaways to enhance decision-making and outcomes in cross-border litigation and investigations