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Litigation Strategies Evidence 28 U.S.C. § 1782

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

Robinson & Cole LLP

Section 1782: Discovery in Support of a Foreign Proceeding

Robinson & Cole LLP on

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....more

Proskauer - Minding Your Business

Discovery Unlimited: The Supreme Court Set to Rule on Whether Parties to a Foreign Arbitration Can Order U.S. Discovery

The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private commercial arbitrations abroad pursuant to 28 U.S.C. § 1782.  The Court granted...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

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2020

King & Spalding on

Title 28 of the United States Code § 1782 (“§ 1782”) has always been a powerful tool in the pursuit of evidence located in the United States for use in foreign proceedings, and it has been well understood for some time that §...more

Seyfarth Shaw LLP

UPDATE: New Decision Regarding Discovery in Aid of Foreign Litigation

Seyfarth Shaw LLP on

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

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