Section 1782: Discovery in Support of a Foreign Proceeding

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This will be the first in a series of Legal Updates about international discovery and cross-border litigation.

Companies embroiled in foreign litigation often forget about a powerful tool available in the United States. Recognizing that foreign tribunals can lack the power or desire to order broad discovery, Congress passed 28 U.S.C. § 1782, which permits any party “interested” in a foreign proceeding to apply for U.S.- style discovery from any entity “found” in the United States. If the application is granted—which it usually is—the applicant can get U.S.-style discovery.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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