Foreign Blocking Statutes And Cross-Border Discovery

Delaware Chancery Court Issues First Ruling Weighing French Blocking Statute Against US Discovery Rules

As companies conduct more business abroad in today's globalized economy, they increasingly face cross-border litigation with customers, competitors, and suppliers. Companies in cross-border disputes frequently must navigate foreign privacy laws and blocking statutes that limit or bar the production of discovery abroad for use in US litigation. In a recent case of first impression, the Delaware Court of Chancery issued a decision that is a valuable example of how US courts often resolve cross-border discovery issues arising when a party relies on a foreign blocking statute. In re Activision Blizzard Stockholder Litigation, C.A. No. 8885–VCL, 2014 WL 717541 (Del Ch. Feb. 21, 2014).