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17 Jan 2012

Tackling international trade secret cases

Logistics and perseverance are key to prevailing against foreign companies.\r\n\r\nImagine an American tourist, camera in hand, standing in the middle of a bustling bazaar in a foreign country. The inherent energy of the distant land she is visiting charms and intrigues her as she happily snaps photos of unfamiliar goods in the lively marketplace, where people are speaking a language she doesn't understand but finds beautiful.\r\n\r\nNow imagine an American lawyer who has just traveled abroad to interview witnesses for a multimillion-dollar lawsuit in which a U.S. corporation is suing a foreign company for allegedly misappropriating trade secrets.\r\n\r\nThis lawyer likely has a very different perspective on being enveloped in a different culture. After half a day of flying, she is attempting to gather important information from resistant deponents who don't speak English. The language barrier and other cultural disparities make her job challenging and, at times, frustrating.\r\n\r\nThe anecdote is familiar to many corporate lawyers who have been involved in international litigation.


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