Increased Forum Shopping For US Discovery Likely After Guo

Law360 (July 22, 2020, 3:01 PM EDT) -- Title 28 of the U.S. Code, Section 1782, authorizes U.S. district courts to order the production of documents or testimony for use in a proceeding in a foreign or international tribunal.

Section 1782 provides a powerful tool for litigants in foreign proceedings, allowing them to benefit from U.S. discovery rules, which are often far more liberal than those in foreign jurisdictions.

Section 1782 discovery may only be granted if the discovery will be used in a proceeding in a "foreign or international tribunal," a phrase which the statute does not define. In recent years, the circuit courts have divided over whether...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!