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28 U.S.C. § 1782 Burden of Proof

Zuckerman Spaeder LLP

A Circuit Split Deepens on Burden to Establish Foreign Privilege to Defeat Section 1782 Discovery

Zuckerman Spaeder LLP on

For litigants in foreign courts, 28 U.S.C. § 1782 has long been a promising, if finicky, tool to access discoverable materials by filing an ex parte application in U.S. federal district court. The statute provides certain...more

Robins Kaplan LLP

The First Circuit Takes Sides in the Split on Burden of Proof in Section 1782 Applications

Robins Kaplan LLP on

The First Circuit recently joined the slight majority of its sister Circuits by holding that neither party bears the burden of proof with respect to the discretionary factors analyzed on an application for discovery in aid of...more

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