Tuesday, October 20, 2009

An American Phenomenon . . . really???

I hear from our international clients all the time that discovery is an American phenomenon and not a concern across the pond. Really? Read the Wall Street Journal’s coverage of “EU Shows Its Cards Behind Intel Case” in which it is clear that an American company in Europe was forced to produce email to EU regulators and other documents in its investigation of Intel. Based in large part on the e-evidence, the EU levied a fine in excess of a billion dollars.
Are You Kidding Me.
Coughing stuff up for regulators and courts is well beyond an American reality even if we did perfect it.