Consider the situation where plaintiff X is bringing proceedings in a US Court against defendant Y, but party Z, who holds critical evidence or potential evidence, is outside the jurisdiction.
Background Note: Data privacy has become a critical issue in the digital era, with laws and regulations constantly evolving. As a result, it’s important for cybersecurity, information.
When discovery issued in U.S. civil proceeding seeks personal information regarding Europeans, privacy questions arise: Does GDPR allow personal information processing for discovery? Is transfer to U.S. for discovery allowed?
Cross-border litigants are familiar with Hague Evidence Convention, but often overlook another method to collect evidence in foreign countries. Walsh Act gives courts discretion to subpoena U.S. national, order testimony, document production, make them return to U.S.