First published in the New York Law Journal, May 16, 2011
By Ari M. Berman and Lyndsey R. Cholak
As companies expand across borders and corporate structures become littered with entity upon entity, certain basic discovery principles are becoming increasingly important, namely: Where are documents located, and does the company have sufficient control over them such that it can be compelled to produce them in litigation?
By themselves, these are relatively simple concepts. But, when applied to the labyrinthine organizational charts of multinational companies, they can become significant and costly litigation issues. Read the entire article here.