doi: 10.5195/tlp.2008.37

International E-Discovery: Navigating the Maze

Erica M. Davila

Abstract


Globalization and the growing mountain of electronically stored information ("ESI") will inevitably lead to an increase in discovery requests for ESI located abroad. But no consistent methodology exists for United States courts to evaluate whether discovery of ESI abroad is appropriate, and if so, what the consequences are for failure to comply with a discovery order. As international commerce depends on "the ability of merchants to predict the likely consequences of their conduct in overseas markets,"

1 United States courts need to apply a consistent standard to decisions involving the discovery of international ESI. This paper reviews existing law related to international discovery and electronic discovery ("e-discovery") and proposes a blended approach to be considered by courts to evaluate discovery of international ESI.


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