Do PRC Blocking Statutes Excuse Chinese Entities from US Discovery Obligations?

Chinese entities faced with a foreign discovery request may be prevented from complying due to PRC data transfer restrictions. How do U.S. courts address this conflict between new Chinese regulations and the need for document discovery in U.S. litigation?

10 minute readMay 12, 2023 at 05:05 AM

Hugo Yeung

Do PRC Blocking Statutes Excuse Chinese Entities from US Discovery Obligations?

Credit: GoodIdeas/Adobe Stock

Summary

U.S. courts will not excuse discovery obligations just because a foreign blocking statute puports to prohibit the disclosure of information.
U.S. courts have consistently denied Chinese defendants' requests to be excused from discovery obligations.

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