Complying across Continents: At the Intersection of Litigation Rights and Privacy Rights

This paper addresses the issues and challenges facing multinational corporations when they become involved in litigation that crosses international borders. The conflict of litigation discovery rights and individual privacy rights in different international jurisdictions can present a very challenging situation for litigants. This paper addresses the conflict inherent between litigation discovery rights versus individual privacy rights and how different nations deal with this conflict. The authors offer several pre-litigation recommendations for those corporations that anticipate the possibility of litigation involving parties in more than one international jurisdiction.