Summary
- U.S. litigators face significant challenges when attempting to subpoena Chinese companies, as a U.S. court order lacks enforcement power in mainland China.
- While subpoenas can compel parties with U.S. ties, non-compliance from a Chinese entity often has limited consequences if it lacks U.S. assets or presence.
- The complexities of cross-border discovery necessitate careful planning, including understanding China's data laws and the limitations of the Hague Evidence Convention.
- Effective strategies must focus on accessible evidence outside China and leverage existing U.S. connections to build a strong case without relying solely on broad discovery requests.
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