Outside Publication

Conducting U.S. Discovery in Asia: An Overview of E-Discovery and Asian Data Privacy Laws, Richmond Journal of Law and Technology Vol. 21

Richmond Journal of Law and Technology

April 2015

The rapid expansion over the last decade of Asian corporations doing business in the United States and U.S. corporations doing business in Asia, has led to a marked increase in U.S. litigation involving Asian corporations as parties, requiring discovery of information located in Asia.

According to the Office of the United States Trade Representative, U.S. trade of goods and services with countries in the Asia-Pacific Economic Cooperation (“APEC”) totaled $2.9 trillion in 2013: exports totaled $1.2 trillion and imports totaled $1.6 trillion. It naturally follows that Asian corporations doing business in the United States are utilizing the American court system to enforce their own rights, and are also finding themselves subject to the jurisdiction of American courts on a more frequent basis. Additionally, even if a party to the litigation is not a foreign party, U.S. litigants are now finding it necessary to conduct discovery abroad because of the multinational scope of business, and because of the rapid growth of data, invention of new technologies, and resulting corporate data and record storage polices, which allow relevant information to be stored abroad. 

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