US Law Firms Face Discovery Of Foreign Clients' Records

Law360, New York (June 29, 2017, 1:41 PM EDT) -- Law firms could be inadvertently exposing foreign clients’ documents to U.S. third-party discovery by bringing them into the U.S.

Increasingly, parties in proceedings outside the U.S. are taking discovery on their adversaries’ U.S. law firms, including through the use of Title 28, United States Code, Section 1782, which allows parties to obtain discovery in the U.S. for use in pending or contemplated proceedings before foreign and international tribunals.

In a recent decision, Kiobel v. Cravath, Swaine & Moore, Case 1:16-cv-07992-AKH, 2017 WL 354183 (S.D.N.Y. Jan. 24, 2017), the U.S. District Court for the Southern District of New York ordered Cravath to...

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