In its recent coverage on Section 1782, Law360 quotes Luke Sobota. Section 1782 of Title 28 of the U.S. Code empowers U.S. federal courts to order those present in their district to produce evidence that can be used in proceedings before “a foreign or international tribunal.”
Luke, who has extensive Section 1782 litigation experience, noted that “[u]nless and until there is resolution by the circuit courts, or ultimately the Supreme Court, there will be extended briefing over these issues … That will make 1782 proceedings expensive and also unpredictable. … [The statute] really should be given a uniform interpretation, whatever that interpretation is.” He added that clarity on the issue of whether a court may order the production of documents held abroad could have “significant consequences,” especially for sectors such as banking.
The full Law360 article is available here.« Back