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Good faith standard for cross-border discovery subject to foreign nondisclosure laws

New York Law Journal

United States Publication June 2020

Litigants are increasingly facing challenges concerning international discovery in connection with New York litigation. Given the broad scope of discovery permitted in the American judicial system, including the Commercial Division, litigants and courts alike wrestle with the conflict between broad, domestic discovery rules and foreign nondisclosure laws that preclude or limit the disclosure of certain information, at times presenting parties with the difficult choice of defying a New York court discovery order or violating a foreign nondisclosure law. When presented with this challenge, an increasingly important element in the court’s consideration is whether the responding party has made a good faith effort to comply with the discovery request.

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