Litigation is different in the U.S., especially as compared to civil law countries like Korea. Wide-open discovery, jury trials, punitive damages, lawsuits funded through contingency fees or third-party funders, and class actions, among other features, may present unforeseen risks for non-U.S. companies. While such risks cannot be eliminated, it can be mitigated with advance awareness and planning. This session will address litigation avoidance, risk management through contract terms and the contracting process; protecting foreign parents from U.S. jurisdiction, planning ahead to mitigate the burdens of U.S. discovery, ADR strategies, special issues in employment litigation, and developing an early action plan and managing client expectations.
This panel was presented at the Fall 2023 Asia/Pacific Conference on “Law and Technology in a Changing World” in Seoul, South Korea.
