Bloomberg Law Publishes Section 1782 Analysis by Akin Gump Lawyers

Bloomberg Law has published a three-part article series co-written by Akin Gump litigation partner Paul Butler and international trade counsel Maka Hutson. The articles examine Section 1782 of the U.S. Code, “a federal statute that allows a litigant (or a potential litigant) in a foreign legal proceeding to apply to a U.S. federal court for an order compelling another person to provide evidence for use in that foreign proceeding.”

In the first article, “Section 1782: Getting Discovery in the U.S. to be Used in a Foreign Matter,” the authors examine recent case law interpreting Section 1782, discuss some hot topics in litigation pertaining to Section 1782 and offer practice tips for those seeking Section 1782 discovery as well as for those defending against it.

Part two of the series, “Section 1782 Litigation: Dissecting Personal Jurisdiction & Scope of ‘Tribunal’,” focuses on the following questions:

• Must there be a showing of personal jurisdiction for a respondent to be considered “in the district of the court” as required by the statute?
• Are foreign arbitration panels a type of foreign “tribunal” under Section 1782?

In the third installment, “Section 1782 Litigation: Scope and Use in Discovery Outside the U.S.,” the authors examine the following questions:

• Can documents located outside the United States be obtained through Section 1782?
• Must an applicant, who is also a party in the foreign proceeding, provide notice to the opposing party when seeking Section 1782 discovery from a third party in the U.S. ex parte?
• What is the scope of protective orders for discovery granted under Section 1782?

To read the three articles in their entirety, please click here, here and here.