In Banco Mercantil De Norte, S.A. et al. v. Juan Jose Paramo, the Fifth Circuit recently affirmed a Texas district court’s denial of a motion to quash a 28 U.S.C. § 1782 subpoena issued to Juan Jose Paramo, a Mexican national...more
The applicant sought to require documents and deposition testimony from an individual located in, and a corporation headquartered in, New York for use in an international arbitration initiated against the Republic of...more
Last week, in Servotronics, Inc. v. Boeing Co., the Fourth Circuit became the latest United States Court of Appeals to allow Section 1782 discovery for use in private international arbitrations. Section 1782 is a powerful...more
A federal court in the Northern District of California has adopted the reasoning and conclusion of a recent Sixth Circuit decision in holding that 28 U.S.C. § 1782 applies with respect to private foreign/international...more
The Third Circuit has vacated and remanded a district court’s decision quashing a subpoena issued pursuant to 28 U.S.C. § 1782, which allows a party to procure discovery for us in a foreign proceeding, finding that the...more
This is a significant decision, given how often non-U.S. clients entrust U.S. law firms with their documents. On July 10, 2018, the U.S. Court of Appeals for the Second Circuit ruled that law firm Cravath need not divulge...more
Kleimar N.V., the plaintiff in a London arbitration against defendant Dalian Dongzhan Group Co. Ltd. (Dailan), filed an ex parte application with the New York District Court seeking the issuance of a discovery order and...more