Perspective
Mar. 14, 2013
Section 1030 'pay to play' rules a shock to some foreign clients
When I tell a foreign company that it may be required to file an undertaking in an amount equal to what the defendant reasonably expects to incur in costs and fees, I usually get a blank stare of disbelief. By Jason Kim
Many of my clients are foreign companies (mostly from Asia) doing business or investing in the U.S. Some have been in the U.S. market for a while and are therefore quite familiar with U.S. litigation. (My guess is that hard lessons learned on the battle field are not easily forgotten.) However, even such veterans of U.S. litigation are often surprised by the quirkiness of California litigation. One unexpected quirk is the motion for filing of underta...
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