Some advice from victims of voter fraud who won the day

June 11, 2020 By Bruce S. Marks and Mike Roman "El Nuevo Metodo de Votar."  The year was 1993.  Control of the Pennsylvania state Senate turned on a special election in Philadelphia.  Although the district was heavily Democratic, the...

1782 Discovery Blog: California Federal Court Upholds §1782 Discovery For Private Foreign Arbitration Impacting Silicon Valley

In HRC-Hainan Holding Co., LLC v. Yihan Hu, 2020 U.S. Dist. LEXIS 32125, at *11-12 (N.D. Cal. Feb. 25, 2020), the United States Court for the Northern District of California, which encompasses Silicon Valley, authorized  Chinese and Delaware registered companies...

1782 Discovery Blog: The Long Arm Of §1782 Discovery Is Used To Reach Documents Outside The U.S.

The Second Circuit in In re del Valle Ruiz, 939 F.3d 520 (2d Cir. 2019) and the  Eleventh Circuit in Sergeeva v. Tripleton Int'l Ltd., 834 F.3d 1194 (11th Cir. 2016) have held there is no per se bar to the extraterritorial application of 28 U.S.C. §1782 and that it...

COVID-19 Update: Russia Announces New Measure To Support Tenants (Federal law No. 166-FZ dated June 8, 2020)

It is expected that as a result of Russia’s many Covid-19 related restrictions on travel and economic activity, many commercial tenants will be unable to use leased properties to generate income to pay rent, while many landlords will continue to be obligated to make...

1782 Discovery Blog: The Second Circuit Affirms §1782 Discovery May Be Used To Obtain Documents From Outside The U.S.

In In re del Valle Ruiz, 939 F.3d 520 (2d Cir. 2019), the Second Circuit held there is no per se bar to the extraterritorial application of 28 U.S.C. §1782 and that it may be used to reach documents located outside of the United States. In the Southern District of New...

1782 Discovery Blog: The Eleventh Circuit Vacates A §1782 Discovery Order Because Foreign Proceedings Will Not Proceed

Under 28 U.S.C. §1782, the U.S. offers a very powerful litigation tool to parties to non-U.S. court proceedings allowing them to obtain bank records, documents and witness testimony from sources within the U.S., even if such evidence is unobtainable through the home...

Labeling antifa as a terrorist group will not have any legal consequences – RIA NEWS

June 1, 2020 Bruce Marks comments to RIA NEWS on D. Trump's statement that the United States will designate Antifa as a terrorist organization after a wave of riots and looting across US.He noted that it is now extremely important to establish whether protests were...

1782 Discovery Blog: The Sixth Circuit Upholds §1782 Discovery For International Arbitration

Under 28 U.S.C. §1782, the U.S. offers a very powerful litigation tool to parties to non-U.S. court proceedings allowing them to obtain bank records, documents and witness testimony from sources within the U.S., even if such evidence is unobtainable through the home...

The Impact Of Coronavirus (COVID-19) On Business: Non-Performance Of Contracts Based Upon Force Majeure, CISG Article 79 And UCC 2-615

The worldwide coronavirus outbreak, designated as COVID-19 by the World Health Organization, is having an immediate impact on businesses throughout the world.  Companies should proactively take steps to minimize the economic impact from COVID-19, including...

RUSSIA UPDATE: MOSCOW REMAINS ON LOCKDOWN

On March 30, 2020, Russia implemented a “non-working” period for Russia to slow the spread of COVID-19. On May 12, 2020, this was cancelled.  Restrictions are being gradually lifted and each region of Russia is setting its own rules for resuming normal...

1782 Discovery Blog: The Eleventh Circuit Vacates A §1782 Discovery Order Because Foreign Proceedings Will Not Proceed

by | Jun 3, 2020 | 1782 Blog

Under 28 U.S.C. §1782, the U.S. offers a very powerful litigation tool to parties to non-U.S. court proceedings allowing them to obtain bank records, documents and witness testimony from sources within the U.S., even if such evidence is unobtainable through the home forum’s own discovery procedures.  The types of evidence that can be obtained include International Wire Transaction Records (U.S. Dollar wires typically transit through the U.S.), emails, correspondence, phone and travel records, accounting, banking, credit card and corporate documents such as shareholder and board meeting records.

In Hornbeam Corp. v. Halliwell Assets, Inc., 790 F. App’x 199 (11th Cir. 2020), the Eleventh Circuit vacated the district court’s order granting §1782 discovery for use in a contemplated, but unfiled action in the British Virgin Islands. The Court’s rationale was that because the §1782 applicant, Hornbeam Corp., had changed its litigation strategy and now would not be instituting legal proceedings in the British Virgin Islands, the discovery was no longer “for use in a foreign proceeding,” a core statutory requirement under §1782. 

On remand, on March 17, 2020, Magistrate Judge Louis ordered Hornbeam to destroy all documents collected and retained as part of the §1782 proceeding by March 31, 2020; denied Hornbeam’s motion to extend the deadline for destruction of the documents collected; and denied Hornbeam’s motion to amend the protective order to use the collected discovery in domestic, Delaware Chancery Court proceedings.  The court noted that the parties had relied upon the agreed protective order and that Glock v. Glock, Inc., 797 F.3d 1002, 1009 (11th Cir. 2015) “does not stand for the proposition that the court should amend an agreed upon stipulated protective order to defeat the confidentiality and use limitation negotiated and relied upon by the parties.”  See In re Hornbeam Corp., 2020 U.S. Dist. LEXIS 51208, *12 (S.D. Fla. Mar. 17, 2020).

Appellants Halliwel, Inc. and Panikos Symeou were represented by Marks & Sokolov, LLC.

Tom Sullivan - Marks & Sokolov Attorney

Thomas C. Sullivan is a senior attorney in the Philadelphia office of Marks & Sokolov LLC. Mr. Sullivan represents Western, Russian and Ukrainian clients in complex commercial disputes including civil RICO, securities fraud, Foreign Corrupt Practices Act, Convention on the International Sale of Goods and ICC Arbitration matters.  He has litigated numerous Section 1782 discovery matters throughout the United States and written extensively on the topic.

United States:
Marks & Sokolov, LLC
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Philadelphia, PA,19103
Phone: (215) 569-8901
Fax: +1 (215) 569-8912
Tsullivan@mslegal.com

Russia:
OOO Marks & Sokolov
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Moscow, 107996, Russia
Tel: +7 (495) 626-0606
Tel: +7 (495) 626-0606