The Need for a Refined Balancing Approach When American Discovery Orders Demand the Violation of Foreign Law

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					The Need for a Refined Balancing Approach When American Discovery Orders Dema...
Keith Y Cohan
Texas Law R
				
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Description: This note will focus on discovery orders from US federal courts that not only require the disclosure of information located abroad, but also require a litigant to violate foreign law by producing that information. This is a two-step process, because the American court must decide first whether to make an order compelling discovery and second whether noncompliance with an order should be enforced through sanctions under Rule 37 of the Federal Rules of Civil Procedure. While it is unlikely that all of these interests can be satisfied absent agreements and treaties with other countries, American courts can and must address the issue in the most just and balanced way possible. Part II of this note discusses approaches that American courts now take in tackling this situation. Finally, in Part V, the author recognizes the limits of this judicial solution, but also suggest two alternatives that involve the other branches of government.
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