Cross-Border Discovery Trends 1 Year After 2nd Circ. Ruling

Law360 (October 30, 2020, 5:00 PM EDT) -- For more than 50 years, U.S. law has provided a way to obtain U.S. court-ordered discovery to parties in overseas proceedings. The law, Title 28 of the U.S. Code, Section 1782, generally is used to obtain documents in the U.S. from a person or entity that resides or is found in the federal judicial district where the Section 1782 application is made.

Just over a year ago, a ruling from a three-judge panel of the U.S. Court of Appeals for the Second Circuit signaled a potential expansion of Section 1782's use and geographic reach.

In In re: del Valle Ruiz,[1] the...

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