How to Obtain Discovery in the US for Use in Foreign Litigation

When an international transaction becomes the subject of litigation, significant evidence is often in the hands of non-parties in the US.

Because foreign discovery rules are frequently limited, offshore litigants increasingly turn to 28 U.S.C. § 1782, which permits production of documents and testimony in the US for use in foreign litigation.

Navigating the legal landscape of Section 1782 can be challenging. A recent decision granting a Section 1782 application lays out legal hurdles and how to overcome them. Once granted, Section 1782 subpoenas have the full scope and authority of domestic discovery, providing a powerful tool in foreign litigation. ...