Hastings International and Comparative Law Review


A problem which frequently arises in connection with international litigation concerns the assertion of jurisdiction by a court over a person, or res located in a foreign state. Extension of jurisdiction by United States courts to foreign enterprises has typically been manifested by discovery orders compelling document production. Foreign states have attempted to block this extension of jurisdiction by enacting nondisclosure statutes which subject violators to criminal liability for compliance with United States discovery orders. This Note examines the analysis developed by United States courts to determine the propriety of enforcing discovery orders that may subject a party to liability under a foreign nondisclosure statute. This Note will compare the approaches taken by the Seventh and Eleventh Circuits. Finally, the ramifications and potential problems of the extension of jurisdiction by the Eleventh Circuit will be addressed.