Law360 (February 17, 2021, 4:37 PM EST) -- In a decision issued on Feb. 5, R (on the application of KBR Inc.) v. Director of the Serious Fraud Office, the U.K. Supreme Court quashed a notice pursuant to Section 2(3) of the 1987 Criminal Justice Act, that sought to require a U.S. corporation, KBR Inc., to produce documents located in the U.S. The decision has important consequences for cross-border discovery and investigations, as the U.S. and the U.K. appear to be taking divergent approaches.
