Section 1782 Discovery: A Back Door for Foreign Litigants?

Keywords: Section 1782, Discovery, Foreign Litigants

A recent decision by the US Court of Appeals for the Second Circuit expands the scope of discovery that foreign litigants may seek in the United States for use in foreign proceedings. Under 28 U.S.C. § 1782, a petitioner is allowed to obtain evidence through a federal district court "for use in a proceeding in a foreign or international tribunal." The Second Circuit has now held that a district court may issue a subpoena under Section 1782, even if the evidence sought would not be admissible in the foreign proceeding. This ruling, reversing a decision by Judge Hellerstein of the Southern District of New York, may impose greater discovery obligations on US entities in response to requests from foreign litigants.