Disruptive Cross-Border Discovery Devices: Persnickety Pre-Action Petitions

This course aims to raise issues and answer questions about cross-border discovery which claimants and stakeholders usually have to confront. The focus of the program, pre-action discovery, is still an underused jurisdiction in the investigation and civil recovery of cross-border fraud and asset hiding. Attendees will explore selected pre-action discovery availability in US and non-US jurisdictions, and the significant advantages of pre-action discovery for litigation decision-makers to obtain otherwise unavailable financial and other records to remediate claimants' losses. 

The course will benefit those whose claims, investments, or portfolios involve discovery and recovery assessments concerning non-US issues. Those who will benefit include litigation funders, bankruptcy, and others like fiduciaries, in-house litigation divisions, experienced litigation counsel, and claimants.  

Learning Objectives:

1. Identify and discuss the context for cross-border claim discovery and recovery

2. Compare pre-action disclosure in selected US and non-US jurisdictions

3. Review how in principle pre-action disclosure is well-suited for compulsory third-party evidence-gathering in a cross-border context

4. Discuss how pre-action disclosure, particularly pre-action availability outside of the United States, is grappling well with sophisticated 21st-century fraud