Cross Border Discovery

ABA Antitrust Section, Global Private Litigation Bulletin, Issue 15

February 2020

As part of ABA’s Global Private Litigation Bulletin, MoFo partner Dr. Julia Schwalm and Dr. Kathrin Nordmeier co-wrote an article explaining how litigation in Germany and many EU jurisdictions works without discovery, and how Directive 2014/104/EU has been changing the playing field in antitrust follow-on litigation. How does cross-border evidence taking under the Hague Convention help U.S. litigants in Germany? What are the opportunities and pitfalls of cross-border discovery in Germany?



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