Evidence, Extraterritoriality Rules

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

Seyfarth Shaw LLP on 2/10/2020

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

Evidence Collection in Criminal Investigations: Cross-Border Issues and Corporate Employee Considerations

Jones Day on 1/23/2020

In this age of heightened international enforcement of corporate crime, it is critical that companies be prepared for the possibility that government authorities will employ a variety of investigative techniques to obtain...more

UPDATE: New Decision Regarding Discovery in Aid of Foreign Litigation

Seyfarth Shaw LLP on 12/3/2019

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

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

Proskauer - Minding Your Business on 11/19/2019

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

What to Expect From the US-UK Data Access Agreement

WilmerHale on 10/30/2019

The UK and the US signed a new data-sharing agreement on 3 October designed to facilitate the exchange of evidence and enhance co-operation between the two countries and their respective investigatory authorities. The first...more

French Blocking Statute: A Renewed Interest?

Jones Day on 6/18/2019

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

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

Kramer Levin Naftalis & Frankel LLP on 4/5/2019

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

Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

Farella Braun + Martel LLP on 5/12/2017

A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients. Last week Google...more

The Supreme Court to Tackle Extraterritorial Reach of U.S. Patents

Foley & Lardner LLP on 8/8/2016

The Supreme Court recently granted certiorari in Life Techs. Corp. v. Promega Corp., 14-1538, to resolve: “[w]hether a supplier can be held liable for providing ‘all or a substantial portion of the components of a patented...more

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