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 Sixth Circuit Upholds §1782 Discovery For International Arbitration

by | Jun 1, 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 Abdul Latif Jameel Transp. Co. v. FedEx Corp., 939 F.3d 710 (6th Cir. 2019), the Sixth Circuit overruled a district court’s denial of an application by a Saudi corporation to take discovery from U.S. based FedEx Corporation for use in an arbitration proceeding in Dubai, under the rules of the Dubai International Financial Centre-London Court of International Arbitration (“DIFC-LCIA”).  The Court analyzed whether the DIFC-LCIA is a “Foreign or International Tribunal” for which §1782 discovery may be permitted.  It held that based upon the statutory text of §1782, the meaning of that text based on common definitions and usage of the language at issue, and the statutory context and history of §1782(a), that this provision permits discovery for use in the private DIFC-LCIA arbitration at issue.  The Court was not persuaded by earlier decisions from the Second and Fifth Circuits, Republic of Kazakhstan v. Biedermann Int’l, 168 F.3d 880 (5th Cir. 1999) and National Broadcasting Co., Inc. v. Bear Stearns & Co., Inc., 165 F.3d 184 (2d Cir. 1999) which held that only “state sponsored” arbitrations fall within the scope of §1782.  The Sixth Circuit rejected this stance not allowing statements in congressional reports to color its view of the statute and indicated that further inferences based upon §1782’s legislative history would be speculation.

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.

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Tel: +7 (495) 626-0606