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ARTICLE · 07 JULY 2015

Section 1782: American Dream… Or Nightmare?

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Did you know that parties to non-US proceedings can readily obtain information found in the US for use in those non-US proceedings? They can, under 28 USC 1782 ('Section 1782').

United StatesLitigation, Mediation & Arbitration
Geoffrey Kertesz
Geoffrey Kertesz
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Did you know that parties to non-US proceedings can readily obtain information found in the US for use in those non-US proceedings? They can, under 28 USC 1782 ('Section 1782').

The heading of Section 1782 is at first blush seemingly innocuous: 'Assistance to foreign and international tribunals and to litigants before such tribunals'. In practice, however, the statute's reach is broad and subject to few limitations.

Whether Section 1782 is an American Dream or an American Nightmare may depend on whether your client is on the making or receiving end of a Section 1782 request for discovery. Persons or companies doing business in (or even travelling through) the US ought to be aware of its reach and take appropriate precautions. Conversely, foreign litigants should consider using Section 1782 when information helpful to their case may be found in the US.

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