Emerging Issues in Digital Asset Litigation: Discovery and Beyond
Author: Mark Cianci.; Stefan Schropp.; Antonia Miller.; Deborah Pabon Cifuentes.
Source: Volume 56, Number 19, November 1 2023 , pp.265-274(10)
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Abstract:
With the ongoing growth in the use of digital assets, litigators will increasingly encounter disputes in which digital assets play a meaningful role. In this article, the authors discuss prevalent issues that have emerged during litigation involving digital assets and the approaches that litigators have taken to address them. The authors focus on the service of process and jurisdictional issues, discovery tools, and attachment laws, providing a roadmap for applying existing principles and processes to litigation involving digital assets.Keywords: Service of Process; Establishing Jurisdiction; Early or Expedited Discovery; Third-Party Discovery; Protecting Digital Assets; Attachment
Affiliations:
1: Ropes & Gray LLP; 2: Ropes & Gray LLP; 3: Ropes & Gray LLP; 4: Ropes & Gray LLP.