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Supreme Court Restricts 28 U.S.C. § 1782 Discovery in Aid of Arbitration

The U.S. Supreme Court has held that 28 U.S.C. § 1782 authorizes discovery to assist only governmental or intergovernmental adjudicative bodies, and not private adjudicative bodies like the international commercial and ad hoc...more

Second Circuit Holds Section 1782 Discovery Off Limits In Private International Arbitrations - Parties need to consider if the...

Interpreting a key statutory provision for cross-border discovery, on July 8, 2020, the Second Circuit held that parties to a private international arbitration cannot obtain discovery in the United States in aid of that...more

Second Circuit: Discovery Statute Reaches Documents Held Overseas by U.S. Entities - Multinational corporations with U.S....

The U.S. Court of Appeals for the Second Circuit recently ruled that a New York-based affiliate of a global financial institution could be forced to produce documents for use in foreign proceedings even if those documents...more

Second Circuit Precludes Foreign Proceedings Discovery From U.S. Counsel

This is a significant decision, given how often non-U.S. clients entrust U.S. law firms with their documents. On July 10, 2018, the U.S. Court of Appeals for the Second Circuit ruled that law firm Cravath need not divulge...more

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