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Home > News, Publications, Events > Publications > So Simple to State, So Hard to Apply: Interpreting “Possession, Custody, and Control” in Today’s Complex Corporate World

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So Simple to State, So Hard to Apply: Interpreting “Possession, Custody, and Control” in Today’s Complex Corporate World
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


This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.

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