News & Analysis as of

Discovery Extraterritoriality Rules

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024

Harris Brumfield v. IBG LLC, Appeal No. 2022-1630 (Fed. Cir. Mar. 27, 2024) In our case of the week, the Federal Circuit addressed three issues in a dispute that dates back to 2010, and has been to the Court on three...more

Morgan Lewis

A Word to the Worldwide: Is the Global Law Firm’s US Office the New ‘Discovery Central’?

Morgan Lewis on

Suppose Ivan and Dmitri are litigating a contract dispute in a Russian court. Fred, a US resident, has a relevant email. 28 USC Section 1782(a) exposes him to discovery in aid of the Russian proceeding. A federal court may...more

Seyfarth Shaw LLP

Federal Courts Follow the Second Circuit on the Extraterritorial Application of 28 U.S.C. § 1782

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At the end of 2019, the Second Circuit weighed in on an issue that has divided federal courts considering applications for discovery pursuant to 28 U.S.C. § 1782, through which a litigant can obtain an order from a federal...more

Seyfarth Shaw LLP

Second Circuit Weighs in on the Extraterritorial Application of 28 U.S.C. § 1782

Seyfarth Shaw LLP on

At the end of 2019, the Second Circuit finally weighed in on an issue that has divided federal courts considering applications for discovery pursuant to 28 U.S.C. § 1782, through which a litigant can obtain an order from a...more

McDermott Will & Emery

Sixth Circuit Changes Landscape of Discovery in Aid of International Commercial Arbitration

McDermott Will & Emery on

There has been considerable debate about what qualifies as a “tribunal” under 28 U.S.C. § 1782(a), which enables courts to order discovery from a party or non-party for use in a proceeding before “a foreign or international...more

Seyfarth Shaw LLP

UPDATE: New Decision Regarding Discovery in Aid of Foreign Litigation

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In a much-anticipated opinion, Judge George B. Daniels of the United States District Court for the Southern District of New York recently affirmed the decision of a magistrate judge regarding the scope of discovery in aid of...more

Proskauer - Minding Your Business

“Ain’t No River Wide Enough”: Second Circuit Says No Per Se Bar to Extraterritorial Application of Section 1782

This month, the Second Circuit weighed in on open issues relating to discovery under 28 U.S.C. § 1782. Section 1782 allows federal courts to order entities that “reside[] or [are] found” in their district to produce evidence...more

Mintz - Arbitration, Mediation, ADR...

Federal Courts Should Rethink the Personal Jurisdiction Requirement of 28 U.S.C. § 1782

The increasingly popular federal statute concerning cross-border judicial assistance, 28 U.S.C. § 1782, enables a District Court to order a “person” that “resides or is found” within its jurisdiction to produce evidence for...more

Mintz - Arbitration, Mediation, ADR...

Second Circuit Affirms the Extraterritorial Discovery Reach of 28 U.S.C. § 1782

The increasingly popular federal statute concerning cross-border judicial assistance, 28 U.S.C. § 1782, enables a District Court to order a “person” that “resides or is found” within its jurisdiction to produce evidence for...more

Morrison & Foerster LLP

Second Circuit Resolves Important Questions Regarding Discovery in Aid of Foreign Litigation Under 28 U.S.C. § 1782

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For more than a half a century, the United States has provided a powerful tool to obtain U.S. style discovery in aid of foreign proceedings. For years the statute was seldom utilized. But, in recent years, there has been a...more

Jones Day

Second Circuit: Discovery Statute Reaches Documents Held Overseas by U.S. Entities - Multinational corporations with U.S....

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The U.S. Court of Appeals for the Second Circuit recently ruled that a New York-based affiliate of a global financial institution could be forced to produce documents for use in foreign proceedings even if those documents...more

WilmerHale

Second Circuit Confirms Extraterritorial Reach of Section 1782 and Clarifies Jurisdictional Requirements

WilmerHale on

A recent Second Circuit decision provides important guidance on the scope and application of Section 1782, the expansive discovery provision that authorizes district courts to compel parties in the United States to provide...more

BakerHostetler

Second Circuit Confirms the Extraterritorial Reach of 28 U.S.C. § 1782

BakerHostetler on

28 U.S.C. § 1782 is a statute that enables litigants to obtain discovery in the United States for use in foreign proceedings....more

Jones Day

French Blocking Statute: A Renewed Interest?

Jones Day on

Recent laws—such as the 2016 Sapin 2 Law and the new EU General Data Protection Regulation—provide for rules that are intended to ensure compliance with the French Blocking Statute, which prohibits any French party from...more

Kramer Levin Naftalis & Frankel LLP

The Gauvain Report and Other Recent Legal Developments Reaffirm the Importance of the French Blocking Statute

Evidence gathering differs greatly between common law and civil law jurisdictions. For example, while a U.S. judge may in many instances allow extensive pretrial discovery, a French judge would generally consider nearly any...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: European Data Protection and Cybersecurity in 2019

Data protection laws in Europe evolved substantially in 2018, with the implementation of the General Data Protection Regulation (GDPR) and the Directive on Security of Network and Information Systems (NIS Directive) becoming...more

Jones Day

Don’t Wait For Service Under the Federal Rules – Go to the ITC

Jones Day on

One of the advantages of bringing a dispute to the ITC is the ease with which service of process can be accomplished against foreign respondents. Unlike in district court, the rules at the ITC merely require that the ITC mail...more

BakerHostetler

New York Court Bucks Trend and Allows Discovery of Documents Abroad Under 28 U.S.C. § 1782

BakerHostetler on

A significant new ruling out of the Southern District of New York has ignited the debate over the extraterritorial scope of 28 U.S.C. § 1782. District Judge Jesse Furman on Monday ruled that the statute, which authorizes U.S....more

Robinson+Cole Data Privacy + Security Insider

Congress Enacts CLOUD Act within Omnibus Spending Bill to Address Overseas Storage of Electronic Data, Potentially Mooting Supreme...

On March 23, 2018, the President signed into law the Consolidated Appropriations Act of 2018 (H.R. 1625), an omnibus spending bill that includes the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act)....more

Proskauer - New Media & Technology

Canadian Court Asserts Jurisdiction over Craigslist Based on Cloud-Based Virtual Presence in Canada

A Canadian appellate court ruled that a lower court had jurisdictional authority to issue a production order to craigslist based upon its virtual (but not physical) presence in British Columbia. The production order requested...more

Kilpatrick

US v. Microsoft Litigation Provides the Supreme Court with a Rare Opportunity to Further Clarify and Define the Role of Comity in...

Kilpatrick on

The United States Supreme Court recently granted certiorari in the landmark case of United States v. Microsoft Corp. This matter presents the Court with an opportunity to establish new precedent in the field of international...more

Dechert LLP

English Court Confirms Pre-Action Disclosure Is Available Against Parties Outside Its Jurisdiction

Dechert LLP on

A weapon of value to litigants in England is the ability to seek disclosure of documents from a likely party to litigation before proceedings start. Obtaining such pre-action disclosure can yield crucial information at the...more

Carlton Fields

Divorce Case Spanning Continents Spawns Discovery Sanctions For Company’s Failure To Produce Documents Physically Located Abroad

Carlton Fields on

The Eleventh Circuit affirmed a district court’s order compelling discovery and awarding contempt sanctions after a man refused to answer discovery requests and defied orders requiring production of documents in a divorce...more

Dorsey & Whitney LLP

Second Circuit Eases Tension Between U.S. Discovery Requirements and EU Privacy Laws

Dorsey & Whitney LLP on

Microsoft scored an important victory when the Second Circuit ruled that the government is not authorized to issue warrants for customer data stored overseas. In re Warrant to Search a Certain E-mail Account Controlled &...more

Foley Hoag LLP - Global Business and Human...

Second Circuit Holds that the U.S. Government Can’t Order Microsoft to Disclose Customer Emails Stored in Ireland

In a case closely watched by privacy advocates, on July 14, the Second Circuit Court of Appeals held that the Stored Communications Act (“SCA”) does not authorize U.S. law enforcement authorities to order U.S.-based companies...more

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