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International Litigation Discovery Subpoenas

Bradley Arant Boult Cummings LLP

Recent 5th Circuit Opinion Demonstrates Usefulness of 28 U.S.C. § 1782 in Foreign Enforcement Proceedings

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

Robinson & Cole LLP

The Walsh Act: Discovery from U.S. Citizens Living Abroad

Robinson & Cole LLP on

Cross-border litigants are familiar with the Hague Evidence Convention, but often overlook another potent method to collect evidence in foreign countries. The Walsh Act, 28 U.S.C. § 1783, gives courts the discretion to...more

McGlinchey Stafford

The Bullet Point: Ohio Commercial Law Bulletin Do I have The Right Of Set-Off? - Volume 4, Issue 21

McGlinchey Stafford on

Objections to Foreign Subpoena- Byrd v. Lindsay Corp., 7th Dist. Mahoning No. 19 MA 0116, 2020-Ohio-5461- In this appeal, the Seventh Appellate District affirmed the trial court’s decision and agreed that the documents...more

Carlton Fields

SDNY Grants 28 U.S.C. § 1782 Application for Discovery in Dispute Involving Republic of Lithuania

Carlton Fields on

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

ArentFox Schiff

Fourth Circuit Court Allows Section 1782 Fact-Finding in a Private International Arbitration

ArentFox Schiff on

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

Lowenstein Sandler LLP

Best Practices for Responding to Subpoenas That Conflict With Foreign Data Privacy Laws

Lowenstein Sandler LLP on

Companies who do business in the United States and have documents located abroad must understand the potential conflicts between the broad extraterritorial discovery authorized by U.S. courts, and the major restrictions on...more

Mintz - Arbitration, Mediation, ADR...

Another Federal Court (in the Ninth Circuit) Holds That 28 U.S.C. § 1782 Applies With Respect To Foreign Private Arbitrations

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

Skadden, Arps, Slate, Meagher & Flom LLP

How Social Media, Technology and Privacy Laws Are Changing the E-Discovery Landscape

Historically focused on manually wading through large volumes of email and electronic documents, e-discovery is transforming in nuanced ways. Discovery of mobile devices, social media and other online applications raises...more

Sheppard Mullin Richter & Hampton LLP

Pursuing and Responding to Discovery Requests Under 28 U.S.C. § 1782

As discussed in a previous blog post, an interested party in a foreign or international proceeding may apply to a United States District Court for discovery from an individual or corporation who resides or is found in the...more

Carlton Fields

Third Circuit Vacates And Remands Order Quashing Subpoena Of Documents For Use In Litigation In Germany

Carlton Fields on

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

Jones Day

Second Circuit Precludes Foreign Proceedings Discovery From U.S. Counsel

Jones Day on

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

McDermott Will & Emery

Guide for International Counsel: US Pre-Trial Discovery in Europe - July 2013 (Version 1)

McDermott Will & Emery on

Globalization and international trade bring European corporations and affiliates into contact with US markets. This may lead to US litigation, which differs significantly from litigation in most other countries of the world. ...more

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