Analysis

2nd Circ. Ruling Could Have Big Impact In NY's Biz District

Law360 (October 9, 2019, 8:41 PM EDT) -- The Second Circuit has resolved two issues surrounding an increasingly important discovery tool for litigants tracking down documents for legal proceedings abroad, a decision likely to have major consequences for New York's international business community.

The court ruled Monday there is "no per se bar" in Section 1782 of the U.S. code against using the statute to reach documents located outside the U.S. — meaning documents held by a business in New York on an offshore server are now fair game.

The Second Circuit also became the first circuit court to rule it has jurisdiction over a party targeted in a...

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