Litigation
KMKSC attorneys are constantly litigating business disputes before American state and federal courts. We are also experienced in the evaluation of litigation risk, which can vary significantly as a result not only of law, but also the principles of how a legal system operates. Thus we are able to provide a resource of advocates and experienced attorneys able to quickly and aggressively represent foreign clients in U.S. courts.
KMKSC can work as sole counsel, but frequently operates as U.S. co-counsel in such matters. In litigation outside of the U.S., we typically use our cross-cultural and comparative law skills to liaise with local co-counsel on behalf of American clients.
KMKSC also works with clients and co-counsel abroad to prepare accurate litigation risk assessments and to advise on areas such as the implications of different concepts of the reach of lawyer client privilege and document availability. The requirements for both counsel and parties are increasing rapidly in complexity and scope. A major issue for domestic clients, this is a particular danger to foreign parties unfamiliar with traditional U.S. evidentiary practices. The penalties for failure include significant monetary and other sanctions, including directed verdicts against the sanctioned party.
We provide advice on American federal and state evidence, privilege and discovery rules in the electronic age and how these differ in concept and effect from those clients are familiar with. Ideally we prefer to address the requirements for, and methods to achieve, retention of electronic and traditional documentation before specific litigation is envisaged. At this stage, businesses trading in the U.S. can take steps not available when litigation is anticipated. Additionally, human and technological processes can be put in place in advance to minimize risk of sanctions in the event of litigation. If litigation is already imminent, KMKSC attorneys can act rapidly to ensure the most effective compliance and minimize the risk of sanction.
For more information see our U.S. litigation practice.