Bruce Marks gives interview to Russian NTV

Bruce Marks, former republican Pennsylvania State Senator, gives interview to Russian TV on Trump and Biden's Michigan visits  

Marks & Sokolov, LLC Obtains Recognition of Over $20 Million in Russian Judgments, Update

In November 2021, Marks & Sokolov obtained a significant victory in the Supreme Court of the State of New York on behalf of a leading Russian...

RBK – Russia gets new lawyers to represent its interest against Yukos

Россия нашла адвокатов для защиты от ЮКОСа, несмотря на санкции По меньшей мере три западных юрфирмы решили не представлять интересы России в...

1782 Discovery Blog: International Wires Frozen Subject To U.S. Sanctions May Be Released Pursuant To OFAC License

The United States has imposed sanctions on certain Russian individuals, companies and banks which prohibit U.S. persons from conducting business...

U.S. SANCTIONS ON RUSSIA

The United States has imposed sanctions on certain Russian individuals, companies and banks which prohibit U.S. persons from conducting business...

The Question Of Whether 28 U.S.C. §1782 Allows Discovery For Use In Private International Arbitration Is Back Before The U.S. Supreme Court

The U.S. allows parties to non-U.S. litigation proceedings to obtain documents and witness testimony from sources within the U.S., even if such...

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
1835 Market Street, 17th Fl.
Philadelphia, PA,19103
Phone: (215) 569-8901
Fax: +1 (215) 569-8912
Tsullivan@mslegal.com

Russia:
OOO Marks & Sokolov
21/5 Kuznetsky Most, Entrance 1, Suite 612
Moscow, 107996, Russia
Tel: +7 (495) 626-0606
Tel: +7 (495) 626-0606