Foreword

• Pages: 15-15

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FOREWORD

The Antitrust Law Section of the American Bar Association is pleased

to present this third edition of Obtaining Discovery Abroad, a guide to the

collection of evidence abroad for use in United States civil litigation. The

objective of this guide is to address many of the legal issues U.S.

practitioners encounter when involved in litigation with a foreign

component. Increasingly, U.S. practitioners are faced with the challenge

of gaining access to evidence located outside the United States that is

critical to their case. Obtaining Discovery Abroad not only addresses the

relevant issues under U.S. law, but also contains several chapters

discussing how certain foreign jurisdictions treat requests for evidence

emanating from the United States.

In 2005, the Antitrust Law Section published the second edition of

Obtaining Discovery Abroad. As the business and legal climate have

changed dramatically since this last edition, the Section recognized the

necessity of revisiting the topic with a new version. Although many of the

same themes are addressed in this new work, the chapters have been

updated and expanded. There are also several countries in this new work

that were not included in the last edition. The book also addresses the

relatively new privacy legislation that many jurisdictions have

implemented which often complicate U.S. practitioners’ ability to obtain

discovery abroad.

We recognize the substantial efforts of the many individuals who

contributed their time and energy to the preparation of Obtaining

Discovery Abroad. This applies not only to the authors of the various

chapters, but also to all those individuals who contributed to achieving the

level of quality expected by the Antitrust Law Section. In particular, the

Section owes a debt of gratitude to John Taladay and Erik Koons for their

leadership and commitment in serving as editors of this volume.

March 2020 Brian R. Henry

Chair, Antitrust Law Section

American Bar Association

2019-2020