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Prominent Cross Border Topics in 2023

Changes in the Federal Rules of Civil Procedure have proven effective tools for limiting the scope and volume of materials to be reviewed in civil litigation, creating distinct advantages for Japanese companies. 

The U.S. Supreme Court denied certiorari in Toshiba Corp. v. Automotive Industries Pension Trust Fund, heightening risks associated with accessing US capital markets through ADR instruments. 

More legal departments are learning the benefits of combining compliance and information governance with proactive discovery, providing opportunities to analyze key materials before problems arise.  

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