Litigation between Germany and the United States presents companies with unique challenges. The key question is often not only whether to litigate, but also where. In some cases, a declaratory judgment action in Germany can block proceedings in the U.S.; in others, it may be strategically advantageous to file a lawsuit in the U.S. – particularly because of the far-reaching possibilities offered by discovery.
Discovery is a cornerstone of U.S. civil procedure: parties can be compelled to disclose extensive information, and witnesses may be examined under oath in depositions conducted by attorneys. Depositions are usually recorded on video for use before a jury. In this way, U.S. attorneys take on roles that, in Germany, would fall to the judge – but with far broader investigative powers. The scope of fact-finding goes well beyond what is possible in German proceedings. For companies, this can be a decisive advantage, especially when critical evidence would otherwise be unavailable in Germany. At the same time, the associated costs and risks must be carefully managed.
Together with our attorneys in Germany and the U.S., we develop a tailored litigation strategy for your case – whether the goal is to prevent proceedings in the U.S. or to file there deliberately in order to overcome evidentiary hurdles.
Our U.S./Germany litigation services include:
- Strategic advice in the event of threatened litigation in the U.S. or Germany
- Representation in U.S. proceedings, including discovery and depositions
- Coordination of parallel proceedings between German and U.S. courts
- Advice and representation in settlement negotiations
- Recognition and enforcement of German judgments in the United States (and vice versa)