1782 Discovery Blog: Marks & Sokolov Obtained Bank Records Revealing $42 Million Fraudulently Transferred From An International Diamond Mining Company To Shell Trading Companies Through New York Based Banks

          The U.S. offers a very powerful litigation tool for participants in foreign court proceedings to obtain bank records, documents and witness testimony from sources within the U.S., even if such evidence is...

Bruce Marks gives an interview on REN TV

September 22, 2020 Finance and elections: United States' opposition to Nord Stream-2 Bruce Marks, former republican Pennsylvania State Senator, gives interview on US's aggressive opposition to Nord Stream-2 project and the US economic benefits. The United states has...

1782 Discovery Blog: U.S. Courts Remain Spilt On Allowing §1782 Discovery For International Arbitration

          The Second Circuit has reinforced the spilt among the circuits whether 28 U.S.C. §1782 may be utilized to obtain evidence for use in private international arbitrations outside the United States.  In Hanwei...

Bruce Marks Evaluates US Supreme Court Decision on Electors to RIA News

July 8, 2020 Bruce Marks comments the Supreme Court decision where state may require presidential electors to support the winner of its popular vote and may punish or replace those who don’t, settling a disputed issue in advance of this fall’s election. As the Court...

Tom Sullivan participates in the virtual book launch webinar “Obtaining Evidence for Use in International Tribunals under 28 U.S.C. Section 1782”

June 26. 2020 https://www.youtube.com/watch?v=5WtFz6j5_os Transnational discovery is a vitally important part of international litigation. An increasingly important role has been discovery in the United States of information that can be used in international and...

Changes in the Application of Double Taxation Agreements by the Russian Federation

Expected new rules pertaining to taxation at source under Russian bilateral tax treaties could apply as early as January 2021.  There is no information yet as to whether either Russia or the US extended any proposals to each other to amend the existing tax...

Bruce Marks gives interview to RIA News on the suspension of Bolton’s book publication

June 16, 2020 Bruce Marks gives an interview to RIA News on the possibility of suspension of Trumps' ex-adviser, John Bolton, book publication. Justice Department sued Mr. Bolton past week to block the book's release and to demand that copies be retrieved. Officials...

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...

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

by | Jun 8, 2020 | 1782 Blog

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 York, two U.S. based asset management companies filed an application pursuant to 28 U.S.C. §1782 to take discovery from New York based Santander Investment Securities, Inc. (“SIS”), for use in foreign proceedings brought before the General Court of the Court of Justice of the European Union and in Spanish criminal proceedings.  SIS was not a party to these foreign proceedings.  The targeted discovery related to the financial condition and value of Banco Popular Español, S.A., which was sold in a government forced sale to Spanish banking giant, Banco Santander, S.A.

The district court rejected the argument that New York based SIS cannot be compelled “to produce documents located abroad, or that producing documents located abroad would be unduly burdensome and intrusive” and granted the §1782 application. In re Ruiz, 342 F. Supp. 3d 448, 459 (S.D.N.Y. 2018).  The Second Circuit affirmed, following the reasoning of the Eleventh Circuit in Sergeeva v. Tripleton Int’l Ltd., 834 F.3d 1194 (11th Cir. 2016), that “the location of responsive documents and electronically stored information—to the extent a physical location can be discerned in this digital age—does not establish a per se bar to discovery under § 1782.”  The Second Circuit abandoned dicta from a prior opinion based upon a Senate report.  

28 U.S.C. §1782 is a very powerful litigation tool for 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.

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 was recently published in Obtaining U.S. Discovery For Use In Non-U.S. Tribunals Pursuant To 28 U.S.C. § 1782 (Chapter 7), Juris Publishing, LLC, 2020.

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Philadelphia, PA,19103
Phone: (215) 569-8901
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Tsullivan@mslegal.com

Russia:
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Moscow, 107996, Russia
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Tel: +7 (495) 626-0606