Hard to Play Hide and Seek: American Discovery Once Again

[German version]

Photo: Open Source

Photo: Open Source

The shield of limited liability may not necessary protect foreign corporations from discovery obligations in American litigation.

An American subsidiary, which may incorporate as a self-standing business entity, may not only face the obligation to produce its own documents but also those held by its parent corporation in Germany (or elsewhere). Courts may impose this obligation regardless of the parent’s strictly legal right to withhold information from the subsidiary.

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