X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
checklistThe United States as long been a favorable forum for broad, expansive discovery. Since the 1964 enactment of a modern formulation of 28 U.S.C. §1782, it has also technically been a forum for broad discovery for use in foreign proceedings. In its current formulation, §1782 permits discovery from any person that “resides or is found” in the relevant district “for use in a proceeding in a foreign or international tribunal.” It was not until 2004, however, that the U.S. Supreme Court, in Intel Corporation v. Advanced Micro Devices, 542 U.S. 241 (2004), clarified the broad scope of discovery permitted under the statute. Among other expansive holdings, the court clarified that §1782 discovery may be sought even prior to the initiation of foreign proceedings, so long as future proceedings are “within reasonable contemplation.” Id. at 258-59.

That creates risk. Indeed, foreign parties can seek discovery from domestic parties claiming they will soon initiate foreign proceedings when, in reality, they seek exploratory discovery before suing a target, potentially even in the United States. Financial institutions, asset managers, and consultants are particularly vulnerable targets, as their business practices have a broad global footprint, and they are often viewed as deep pockets for a significant recovery in litigation. For these reasons and others, it is important for practitioners to be aware of the breadth and consequences of §1782 discovery, and to have thoughtful strategies in response.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 

Library of New York Civil Discovery FormsBook

A complete, affordable, NY-specific case prep solution library of over 150+ sample documents forms selected from SMART LITIGATOR NEW YORK by attorney-experts in various ...

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.