February 7, 2018

Doing Discovery in Japan? Ganbatte!

By Michael C. Zogby and Yodi S. Hailemariam

Florham Park partner Mike Zogby and Washington, D.C., associate Yodi Hailemariam coauthored the first article in a two-part series in the February 2018 edition of The American Lawyer, titled “Doing Discovery in Japan? Ganbatte!”

Mike and Yodi call for lawyers to acknowledge and prepare for the unique legal, regulatory and cultural issues that arise when dealing with data collection and preservation in Japan, when responding to discovery demands in U.S. courts. They discuss issues relating to proportionality based on the 2015 amendments to the Federal Rules of Civil Procedure, opportunities for cost-shifting, data preservation processes, and the dangers of spoliation, explaining that practitioners and in-house counsel need to focus on careful planning and an assessment of data sources in advance of collections, instead of simply relying on ganbatte – or good luck – alone.

Read “Doing Discovery in Japan? Ganbatte!

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