1782 Discovery Blog: International Divorce Finding Hidden Assets Of The Suddenly Asset Poor Billionaire

International high net worth and celebrity divorces often involve disputes over location and control of real property, art, company ownership and investment/bank accounts.  The U.S. offers a very powerful tool for participants in foreign divorce proceedings to...

1782 Discovery Blog: U.S. Courts Remain Spilt On Allowing 28 U.S.C. §1782 Discovery For Private International Arbitration

The U.S. allows parties to non-U.S. litigation proceedings to obtain documents and witness testimony from sources within the U.S., even if such evidence is unobtainable through the home forum’s own discovery procedures.  Types of evidence available include...

Bruce Marks gives interview on channel Russia-24 on the upcoming elections

October 27, 2020 Voice of America. Bruce Marks comments on the upcoming elections. A slim majority of Americans, 52%, approve of the way Trump is handling the economy. The economy has typically been Trump's strongest issue. Presidential approval has been a strong...

UNLOCKING FINANCIAL INFORMATION IN THE UNITED STATES: OBTAINING DISCOVERY FOR USE IN FOREIGN PROCEEDINGS

The US offers a very powerful litigation tool to parties to foreign legal proceedings to obtain bank records, other documents and witness testimony from sources within the US, even if such evidence is unobtainable through the foreign forum’s own discovery procedures....

Bruce Marks doesn’t preclude the possibility of a future proceedings following the presidential elections – RUSSIAN RT

October 28, 2020 Bruce Marks, former republican Pennsylvania State Senator, gives interview on Prekrasnaya Rossiya - RUSSIAN RT- on Unfair elections and ballot-stuffing. Pennsylvania is the state where Trump won in 2016. Bruce Marks has the reason to believe that the...

A GUIDE TO ITALIAN LAWYERS FOR OBTAINING DOCUMENTS AND TESTAMONIAL EVIDENCE IN THE U.S.FOR USE IN ITALIAN LITIGATION

The U.S. offers a very powerful litigation tool for participants in Italian legal proceedings and arbitrations to obtain bank records, documents and witness testimony from sources within the U.S., even if such evidence is unobtainable through Italian court...

Bruce Marks gives interview on channel – Russia 24

October 19, 2020 The founder and managing member of Marks & Sokolov, LLC, attorney Bruce Marks gave an interview to Russia 24 on the upcoming elections. He believes that the relations between Russia and the United States could get worse. Watch the interview

Bruce Marks comments on recently declassified documents established that Obama’s administration was engaged in developing a “Russia hoax” to attack Trump -RIA News

October 9, 2020 President Trump’s Director of National Intelligence John Ratcliffe recently declassified documents, including notes of former Obama CIA director John Brennan, that revealed the CIA had obtained intelligence by September 2016 that then presidential...

1782 Discovery: Marks&Sokolov Enforces Protective Order Against BuzzFeed

28 U.S.C. §1782 allows participants in international legal proceedings to obtain bank records, documents and witness testimony from sources within the U.S., even if such evidence is unobtainable through the international forum’s court procedures.  This procedure...

1782 Discovery Blog: Marks & Sokolov Enforces Protective Orders In International Discovery

The U.S. offers a very powerful litigation tool for participants in international legal proceedings to obtain bank records, documents and witness testimony from sources within the U.S., even if such evidence is unobtainable through the home forum’s court...

1782 Discovery Blog: The Sixth Circuit Upholds §1782 Discovery For International Arbitration

by | Jun 1, 2020 | 1782 Blog

Under 28 U.S.C. §1782, the U.S. offers a very powerful litigation tool to parties to non-U.S. court proceedings allowing them to obtain bank records, documents and witness testimony from sources within the U.S., even if such evidence is unobtainable through the home forum’s own discovery procedures.  The types of evidence that can be obtained include International Wire Transaction Records (U.S. Dollar wires typically transit through the U.S.), emails, correspondence, phone and travel records, accounting, banking, credit card and corporate documents such as shareholder and board meeting records.

In Abdul Latif Jameel Transp. Co. v. FedEx Corp., 939 F.3d 710 (6th Cir. 2019), the Sixth Circuit overruled a district court’s denial of an application by a Saudi corporation to take discovery from U.S. based FedEx Corporation for use in an arbitration proceeding in Dubai, under the rules of the Dubai International Financial Centre-London Court of International Arbitration (“DIFC-LCIA”).  The Court analyzed whether the DIFC-LCIA is a “Foreign or International Tribunal” for which §1782 discovery may be permitted.  It held that based upon the statutory text of §1782, the meaning of that text based on common definitions and usage of the language at issue, and the statutory context and history of §1782(a), that this provision permits discovery for use in the private DIFC-LCIA arbitration at issue.  The Court was not persuaded by earlier decisions from the Second and Fifth Circuits, Republic of Kazakhstan v. Biedermann Int’l, 168 F.3d 880 (5th Cir. 1999) and National Broadcasting Co., Inc. v. Bear Stearns & Co., Inc., 165 F.3d 184 (2d Cir. 1999) which held that only “state sponsored” arbitrations fall within the scope of §1782.  The Sixth Circuit rejected this stance not allowing statements in congressional reports to color its view of the statute and indicated that further inferences based upon §1782’s legislative history would be speculation.

Thomas C. Sullivan is a senior attorney in the Philadelphia office of Marks & Sokolov LLC. Mr. Sullivan represents Western, Russian and Ukrainian clients in complex commercial disputes including civil RICO, securities fraud, Foreign Corrupt Practices Act, Convention on the International Sale of Goods and ICC Arbitration matters.  He has litigated numerous Section 1782 discovery matters throughout the United States and written extensively on the topic.

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Philadelphia, PA,19103
Phone: (215) 569-8901
Fax: +1 (215) 569-8912
Tsullivan@mslegal.com

Russia:
OOO Marks & Sokolov
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Moscow, 107996, Russia
Tel: +7 (495) 626-0606
Tel: +7 (495) 626-0606