Disruptive Cross-Border Discovery Devices: Consent Directives

This course raises issues and answers questions on cross-border discovery that claimants and stakeholders usually must confront. It seeks to articulate the significant capabilities of consent directives which, in particular, may be extraordinarily productive in Civil Law systems in obviating systemic difficulties in obtaining third-party discovery in such systems.  

The course will benefit those whose claims, investments, or portfolios involve discovery and recovery assessments of non-US issues. Additionally, litigation funders, bankruptcy and other like fiduciaries, in-house litigation divisions, experienced litigation counsel, and claimants will benefit from this CLE program. 

Learning Objectives:

1. Identify the context for cross-border claim discovery and recovery

2. Review the distinctions between "Rule of Law/non-rule of Law" and "Common Law and Civil Law" systems as these impact a cross-border analysis 

3. Explore Consent Directives and their respective requirements and policy aspects

4. Determine how Consent Directives are well-suited for compulsory third-party evidence-gathering, particularly in Civil Law systems

5. Discuss selected cross-border discovery devices in relation to Consent Directives

6. Weigh the advantages and disadvantages of Consent Directives in discovery and recovery