Civil Litigation In US Courts: A Primer For Non-US Entities

Executive Summary

• Civil litigation in the United States has distinctive features that might come as a surprise to non-U.S. entities unfamiliar with the American system. Non-U.S. litigants must navigate a number of evolving complexities that do not always apply to American parties.
• Given the sophistication and reach of the U.S. legal system, plaintiffs frequently seek to litigate their claims against non-U.S. defendants in U.S. courts even when those defendants have minimal connections with the United States.
• Non-U.S. entities should be mindful of, and take proactive steps to mitigate, the risks associated with potential litigation in U.S. courts.

The U.S. legal system has a number of features distinguishing it from its global counterparts. For example, U.S. courts take a very expansive (and some would say intrusive) view of pretrial discovery that differs greatly from civil litigation in most other jurisdictions, and that often comes as an unwelcome surprise to litigants