On Thursday, October 24, 2019, AmCham Germany met at the Frankfurt office of Noerr LLP for a practice report on how German companies can manage US litigation. Denis Förster, Director Litigation & Investigation at Fresenius Medical Care AG & Co. KGaA, and Dr. Anke Meier, Co-Head of Noerr's Litigation practice, discussed the struggles German companies typically face when being exposed to litigation in the US.
In a lively discussion with the audience, the speakers offered interesting insights on how companies could approach challenges, especially regarding the discovery process. Rather than being dominated by deadlines, good project management should enable the company to develop and pursue its defense in a proactive way. Often, companies give in to the pressure and cost of US litigation fairly early. Depending on the case assessment, it may be worth going forward with initial trials in order to improve a company's own position in settlement negotiations.
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