February 04, 2021 International Litigation & Dispute Resolution

Discovery Obligations vs. Data Transfer Restrictions

U.S. litigation counsels face unique challenges when representing Chinese clients.

By Alex Hao, Marissa Dong, Lena Yuan, and Eloise Liu

The past decade has witnessed a significant growth of international trade and investments between China and the United States. As a result, it is becoming increasingly common that litigation or arbitration involves a Chinese party or a party owned or controlled by a Chinese person or entity. Meanwhile, data privacy related legislation has been increasingly active in China. With such two trends, counsels are encountering more challenges and complexity in the discovery proceedings, particularly with respect to the document production by custodians located in China.

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