Tag: Cross-Border Data Transfer

1
In re del Valle Ruiz, No. 18-3226 (2nd Cir. 2019).
2
In re CA Investment (Brazil) S.A (District of Minnesota, 2019)
3
United States v. Asgari (6th Cir., 2019)
4
Brooks Sports, Inc. v. Anta (China) Co., Ltd. 1:17-cv-01458 (E.D. Virginia, 2018)
5
In re Ex Parte Application of Levi Strauss & Co (Northern District of California District Court, 2018)
6
In re: Application of Biomet Orthopaedics Switzerland GMBH Under 28 U.S.C. 1782 For An Order to Take Discovery for Use In A Foreign Proceeding, No, 17-3787 (3rd Cir. Aug. 6, 2018).
7
In re Application of HANSAIN VEST Hanseatische Investment-GmbH in respect of the Fund Aramea Rendite Plus; Trinity Investments Designated Activity Company (S.D. New York, 2018)
8
In re Schlich, 893 F.3d 40 (1st Cir. 2018).
9
Animal Science Prods., Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (S. Ct. June 14, 2018).
10
In re Accent Delight International, Ltd., Nos. 16-MC-125 / 18-MC (L.-50 (S.D.N.Y. June 11, 2018)

In re CA Investment (Brazil) S.A (District of Minnesota, 2019)

Key Insight: Foreign corporation can seek discovery of American party to be used in foreign court if its narrowly tailored

Nature of Case: corporate share agreements, corporate ownership international

Electronic Data Involved: documents (generally)

Keywords: foreign proceedings, corporate ownership, discovery, foreign corporation

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Brooks Sports, Inc. v. Anta (China) Co., Ltd. 1:17-cv-01458 (E.D. Virginia, 2018)

Key Insight: Failure to produce discovery and making misrepresentations about the nature and content of documents so as to not produce them.

Nature of Case: trademark infringement

Electronic Data Involved: business documents, text messages, personal messages of employees.

Keywords: Compel, “chinese privacy law” misrepresentation,

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In re Ex Parte Application of Levi Strauss & Co (Northern District of California District Court, 2018)

Key Insight: Party could obtain discovery of websites archived by American company for use in a foreign tribunal

Nature of Case: trademark enforcement

Electronic Data Involved: archived websites

Keywords: foreign discovery, archived websites, Section 1782 application, international trademark enforcement

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In re: Application of Biomet Orthopaedics Switzerland GMBH Under 28 U.S.C. 1782 For An Order to Take Discovery for Use In A Foreign Proceeding, No, 17-3787 (3rd Cir. Aug. 6, 2018).

Key Insight: Trial Court had denied request for documents. Third Circuit remanded for further review based off four-factor discretionary test after finding that it met the basic statutory requirements to be considered.

Nature of Case: Trade Secret

Electronic Data Involved: Documents in US, desired for foreign matter

Keywords: foreign proceeding.

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In re Application of HANSAIN VEST Hanseatische Investment-GmbH in respect of the Fund Aramea Rendite Plus; Trinity Investments Designated Activity Company (S.D. New York, 2018)

Key Insight: Whether US based discovery can be used in a foreign proceeding

Nature of Case: 28 U.S.C. 1782 request for US based Discovery to be used in a foreign proceeding

Electronic Data Involved: Business documents

Keywords: US based discovery, foreign proceeding, serve document subpoenas

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Animal Science Prods., Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (S. Ct. June 14, 2018).

Key Insight: Foreign Government statements should be weighed by 5 factors. Courts should afford consideration, but are not bound to conclusively accept the statements of foreign governments.

Nature of Case: Price Fixing

Electronic Data Involved: Foreign Government Statement

Keywords: Foreign Law

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In re Accent Delight International, Ltd., Nos. 16-MC-125 / 18-MC (L.-50 (S.D.N.Y. June 11, 2018)

Key Insight: Court limited use of foreign materials to those relevant to the case. Only items where respondent involved were allowed.

Nature of Case: Fraud

Electronic Data Involved: Materials used in foreign legal proceedings

Keywords: Foreign Proceedings

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