Discovery in Aid of Foreign Proceedings – 28 U.S.C. §1782
Marks & Sokolov attorneys are recognized leaders in area of discovery proceedings brought in the United States by foreign litigants for use in non-U.S. forums, as permitted by 28 U.S.C. §1782. We have successfully litigated Section 1782 matters throughout the United States, including in the Southern District of New York where almost all dollar denominated wire transfers pass and the Southern District of Florida, a major hub for international business. We have successfully implemented critically important protective orders to limit the use of the discovery to specified foreign proceedings and control the persons that have access to sensitive and confidential commercial information.
In support of Section 1782 matters, our discovery team assists clients with record collection, management and e-discovery issues. Leveraging the latest document management technology, we collaborate with our clients to create tailored and cost-efficient plans to fulfill discovery responsibilities.
SIGNIFICANT MATTERS INCLUDE:
- Represented Russian, Swiss, English, Canadian and other foreign litigants in 28 U.S.C. §1782 proceedings throughout the United States seeking discovery for use in foreign matters. In New York, successfully obtained an order requiring Renova, Inc., a company controlled by Victor Vekselberg, to produce documents and present a witness for deposition in New York for use in Russian proceedings. In California, successfully obtained an order requiring the production of medical reports for use in English proceedings.
- Defended against 28 U.S.C. §1782 actions seeking discovery for use in foreign proceedings in New York, Florida, Ohio and Alabama. Obtained restrictive protective orders, narrowed the scope of permissible discovery and in November 2019, secured a landmark ruling from the Eleventh Circuit Court of Appeals vacating an authorizing discovery order from the Southern District of Florida on the basis that the discovery would not be used in a foreign proceeding. Hornbeam Corp. v. Halliwell Assets, Inc. (In re Hornbeam Corporation’s Request), 790 F. App’x 199 (11th Cir. 2020). On remand, Marks & Sokolov attorneys were successful in obtaining an order for destruction of the discovery taken in Florida. In re Hornbeam Corp., 2020 U.S. Dist. LEXIS 51208 (S.D. Fla. Mar. 17, 2020).
- Defended U.S. clients served with subpoenas seeking sensitive commercial information by Maltese and Antiguan companies under 28 U.S.C. §1782 for use in “anticipated” foreign legal proceedings in Canada and the Republic of Singapore. Successfully moved to vacate the order authorizing discovery and the subpoenas were quashed based upon a demonstration that the discovery applicants had failed to disclose material information to the court.
- Represented Russian diamond company to obtain an order authorizing 28 U.S.C. §1782 discovery from New York banks of wire-transfer and account information regarding various international shell trading companies alleged to have siphoned funds from an African diamond mining company.
ARTICLES AND PUBLICATIONS:
Guide To Taking U.S. Discovery For Use In Foreign Proceedings