Overview
The inaugural Cross-Border Litigation Forum was held in New York City on September 12, 2012. This one-day forum highlighted cross-border litigation trends and key decisions that affect cross-border relations and dispute resolution. With the combination of technology advancements and the current economic environment, cross-border and international business deals are becoming increasingly common, forcing counsel to monitor and react to emerging issues and disputes, develop alternative dispute resolution tactics, and adopt new approaches to minimize conflict abroad.
Brett Ledger, Partner, Litigation and forum Co-chair, was joined by general counsel, in-house counsel, chief legal officers and partners, to discuss strategies for developing a cutting edge approach to international litigation while keeping costs down and building strong cross-border teams.
Deborah Glendinning, Chair of the firm’s National Litigation Department and Sonia Bjorkquist, Partner, Litigation, co-moderated one of the morning sessions, “Litigating a Cross-Border Class Action in Canada: What you Really Need to Know.” Class action litigation knows no boundaries; U.S. companies doing business in Canada must prepare themselves for multiple jurisdiction and cross-border class action litigation. Many class actions in Canada are closely related to U.S. class proceedings involving identical or similar claims. Using recent case studies and practical examples, this session provided a perspective on current trends and highlighted effective defense strategies for successfully navigating the challenges presented by cross-border class action litigation.
Éric Préfontaine, Partner, Litigation, moderated an afternoon session on “Navigating U.S. and Canadian Cross-Border Evidentiary Issues: Current Trends, Critical Analysis and Successful Strategies.”
Cross-border litigation presents logistical and substantive complexities in the collection and production of evidence. This panel examined cross-border evidentiary hot spots, heard expert analysis and received practical advice on : identifying and managing the differences in the approach to and scope of pre-trial discovery; how to overcome hurdles in the retrieval, review, production and movement of electronic data across the Canada/U.S. border; how privacy laws intersect with procedural and evidentiary issues; differences in procedure relating to testimony from non-party and expert witnesses; and maintaining and defeating claims of privilege.
For more information on the Cross-Border Litigation Forum, click here.