In this article published by Law360, Dechert IP litigators Katherine A. Helm, Joseph Abraham and Charles Hsu examine the growing use of a discovery statute by U.S. district courts to order both the production of documents and the deposition of witnesses in aid of foreign proceedings.
These are the days of quarantine life.
In this time of COVID-19, when every day seems to bring new travel restrictions for Americans, it is nice to know that there are some things we can still count on. Lawyers keep litigating, and thanks to a curious statute, Title 28 of the U.S. Code, Section 1782, we can do so with extraterritorial effect.
For those not familiar with Section 1782, it is a mechanism that permits any interested person in a legal proceeding outside the U.S. to obtain discovery both in and outside the U.S. for use in the foreign proceeding. The permitted discovery is broad and includes both written and testimonial evidence. For litigators and clients involved in cross-border disputes, especially during a global pandemic, this is a need-to-know statute.
Continue Reading "Despite 2nd Circ. Ruling, Discovery Statute's Reach Grows."
