[Webinar] Risks of important information leakage of Japanese companies through cross-border application of discovery and countermeasures Part 1

In the United States, there is a system in civil litigation proceedings called "Section 1782 Discovery" that allows the use of U.S. discovery for lawsuits outside the United States. For example, if a foreign company files a lawsuit against a Japanese company in a Japanese court and then files a Section 1782 discovery request in a U.S. court for that lawsuit, there is a possibility that the Japanese company will be ordered to disclose important information such as trade secrets held by the company. there is. Section 1782 discovery is increasingly being used for litigation in countries around the world, including the EU and China, and its use by Japanese businesses and individuals is also expanding. However, since there are various problems with US discovery, including the risk of leaking important information, Japanese companies need to take measures with the cross-border application of discovery in mind from the time they carry out their daily operations. there is. Regarding the cross-border application of US Discovery, civil law countries such as France and Germany have been fighting in US courts for many years, and recently China has strengthened its countermeasures with data localization measures. In Japan as well, it is hoped that government agencies will be involved to build a unified response system for businesses.
This time, we have invited Hiroshi Kataoka, attorney at Azabudai Kataoka Law and Economics Office and Information Security Graduate University, to explain the risks of important information leaks for Japanese companies due to the cross-border application of discovery and how to deal with them.