When cases span several countries
International litigation can involve a single case with foreign parties, parallel cases in different countries, or a foreign case that needs help from U.S. courts. Each court applies its own procedure, and rules on discovery, costs, and appeals differ widely; in many countries, for example, the losing party pays a significant share of the winner's legal costs, unlike the usual U.S. approach. Parallel proceedings raise questions about which case goes first and whether one court will defer to another. Strategy in one forum can affect positions in another, so the cases need to be managed together rather than one at a time.
U.S. discovery for foreign cases
A federal statute allows a party or other interested person in a foreign proceeding to ask a U.S. district court to order someone in that district to provide documents or testimony for use abroad. Courts have discretion to grant or limit these requests, and the Supreme Court has held that the statute does not reach private commercial arbitration. The tool can be useful for obtaining bank records or testimony from U.S. entities in support of a case in Korea or elsewhere, and it can also be aimed at a company in New York. If you receive such a request, review the response deadline and the scope promptly.
Recognition and next steps
A judgment from one country usually needs to be recognized by courts in another before it can be enforced there. New York has a statute governing recognition of foreign money judgments, and Korean courts apply their own conditions, reciprocity among them. In a first consultation we look at where cases are pending or possible, where assets are located, and how judgments or orders could be enforced. We coordinate with counsel in the foreign jurisdiction and focus on the U.S. side, including discovery, enforcement, and protecting U.S. assets. We also explain the uncertainties in foreign procedures that neither we nor you control.
