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Expert Analysis

Cross-Border Confidentiality And The Swaps Antitrust Case

By Ana Reyes and Matthew Heins ( February 28, 2019, 4:46 PM EST) -- American discovery rules often allow plaintiffs to obtain documents that they otherwise might not be entitled to under the rules of foreign jurisdictions. But occasionally, the broad American discovery regime runs headlong into strict and binding foreign confidentiality rules. Although the results of such collisions can vary, a recent decision in the U.S. District Court for the Southern District of New York offers a potentially helpful guide to protecting the confidential materials of a foreign proceeding from disclosure and discovery in American courts....

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