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 Guo v. Deutsche Bank Sec., 2020 U.S. App. LEXIS...

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 treaty....

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...

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...

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

by | Jul 9, 2020 | 1782 Blog

June 26. 2020

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 foreign tribunals. That discovery has been done through the use of section 1782 of the federal judicial code, title 28, under which US courts have the discretion to permit interested  persons to obtain documents and take depositions under the Federal Rules of Civil Procedure for use in foreign and international tribunals.

As applications to federal courts have multiplied in recent years, courts have dealt with them in varying ways and on various legal bases, not all of them consistent with one another. This book discusses in detail the various ways in which courts have interpreted and applied various elements contained in section 1782. The book is the only one written for practitioners by practitioners with experience and expertise in litigation involving section 1782.