International Law
Sep. 12, 2013
Between a Great Wall and a hard place: state secrets in China
In sharp contrast to American litigation, in China evidence needed to prove a claim must be gathered prior to bringing a lawsuit.
Pooja S. Nair
Partner
Ervin Cohen & Jessup LLP
Email: pnair@ecjlaw.com
Pooja is a litigation attorney who has represented clients in the health care, life sciences, and banking industries in state and federal court, and has handled delicate compliance issues and internal investigations. She is a member of the firm's food and beverage department.
The cultural differences between the U.S. and China translate into two drastically different litigation systems. Under the Chinese model of litigation, evidence needed to prove a claim must be gathered prior to bringing a lawsuit. No additional discovery is permitted once a lawsuit has been filed and the bringing of a lawsuit does not entitle a litigant to the discovery of new evidence. In sharp contrast, the American s...
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