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How to Obtain Discovery in the US for Use in Foreign Litigation

March 15, 2023
Lori Marks-Esterman
Bloomberg Law

Olshan Chair of Litigation Lori Marks-Esterman authored an article for Bloomberg Law (subscription required) in which she discusses how foreign litigants can effectively use Section 1782 to obtain valuable information from US individuals and companies to aid their case. “Because foreign discovery rules are frequently limited, offshore litigants increasingly turn to 28 U.S.C. § 1782, which permits production of documents and testimony in the U.S. for use in foreign litigation,” Lori explains. Lori discusses the complexities of Section 1782 and the challenges one may face, and outlines a recent successful decision she obtained for an offshore litigant to obtain 1782 discovery from a California-based company: “The complexities of the statute require careful planning and execution for a successful court outcome.”

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