Michael M. Baylson of the U.S. District Court for the Eastern District of Pennsylvania coauthored an article with Sandra A. Jeskie for the Spring 2019 issue of Judicature.
“Overseas Obligations: Update on Cross-Border Discovery” provides updates in response to an article published in the Winter 2016 edition of Judicature which provided an overview of case law and approaches for handling cross-border discovery in litigation.
Since then, there have been some notable developments in several important case decisions and legislation that United States practitioners seeking overseas discovery, and judges ruling on these issues, must keep in mind. This article addresses the recent “Vitamin C” Supreme Court decision that establishes a new standard for the application of Federal Rule of Civil Procedure 44.1; the Clarifying Lawful Overseas Use of Data (CLOUD) Act; recent case reliance on the Restatement (Third) of Foreign Relations Law; the impact of the General Data Protection Regulation (GDPR) on overseas discovery in U.S.-based litigation; and the work product of independent legal groups that provide helpful guidance.
Read the article and view the full issue here.