Foreign State Compulsion

Foreign state compulsion (also called foreign sovereign compulsion) is a doctrine allowing a U.S. court to excuse violations of U.S. law on the ground that they are compelled by foreign law. The doctrine arises most often when foreign law blocks compliance with U.S. discovery requests and in certain substantive areas like antitrust law. It generally requires the risk of severe sanctions under foreign law and a good faith effort by the person in question to avoid the conflict.

A Primer on Foreign State Compulsion

Foreign state compulsion (also called foreign sovereign compulsion) is a doctrine allowing a U.S. court to excuse violations of U.S. law or moderate the sanctions imposed for such violations on the ground that they are compelled by foreign law. The doctrine arises most often when foreign law blocks compliance with U.S. discovery requests and in…

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Cert Petition Challenges Second Circuit’s Comity Abstention Doctrine

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