The Expanding Use Of 28 USC § 1782

Federal law provides a powerful tool for litigants engaged, or about to engage, in litigation in a foreign forum: 28 U.S.C. § 1782. The statute allows discovery in the United States, under the broad US discovery rules, for use in a foreign proceeding. (You can read our previous coverage here, here, here, and here). Over the past decade, Section 1782 applications have increased dramatically. Although it remains to be seen whether the trend will continue in 2021, a number of court decisions from the first half of this year illustrate the promises and pitfalls for litigants seeking US discovery in connection with their foreign litigation.

The Increased Use of Section 1782

Based on our firm's review of reported decisions, the dramatic increase in Section 1782 applications in federal courts coincides with an overall rise in cross-border litigations and disputes. From 2012 through 2016, the number of applications was relatively small, ranging from approximately 25 to 45