Key differences if sued in US or Denmark

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Key differences if sued in US or Denmark

  • affidavit, Bird & Bird, class action, Dana Dunwoody, discovery, document exchange, litigation, order to mediate, Philip Graff, Punitive damages, Sheppard Mullin Richter & Hampton LLP, sued

DABF held an event in August 2015, where members and guests learned about key distinctions between the Danish and American legal systems, and what to expect and be aware of if sued in the US.

Leading the discussion was Copenhagen-based Philip Graff, Partner at Bird & Bird Law Firm, as well as US-based Dana Dunwoody, Partner at Sheppard Mullin Richter & Hampton LLP in San Diego, California.


Danish companies are often unaware of things like the importance of document retention programs and early witness interviews to preserve evidence. Philip and Dana reviewed the differences and provided a checklist comparing US and Denmark on a wide array of areas:

  • Uniform procedural rules
  • Affidavit
  • Discovery
  • Remedy violation of discovery
  • Preservation of evidence
  • Class Action
  • Class Action in practice
  • Civil cases, juror participation
  • Punitive damages
  • Compensation for emotional distress
  • Refund of trial costs
  • Loser pays attorneys’ fees
  • Costs after settlement proposal (which is better than final result)
  • Expert impartial
  • Election of experts is decided by the court
  • Document exchange
  • Interrogation of opposite party
  • Widespread use of motions
  • Order to mediate

It was best to be there in person to hear the lively discussion and get answers to your specific questions!

Their slides are here: US Litigation compared to Danish

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