Section 1782 is a Little-Known Superpower for Foreign Litigants

Olshan Chair of Litigation Lori Marks-Esterman authored an article in New York Law Journal entitled “Section 1782 is a Little-Known Superpower for Foreign Litigants.” In the article, Lori writes that foreign litigants can benefit from discovery and testimony granted by 28 U.S.C. § 1782 (Section 1782) subpoenas, which have the full scope and authority of domestic discovery. However, she explains that while the statute is seemingly straightforward, navigating the landscape of Section 1782 can be challenging. Applicants must meet three statutory prerequisites, and then must demonstrate that four discretionary factors weigh in favor of granting the application. As Lori notes, U.S. Courts have broad deference in weighing the discretionary factors, and in determining whether to grant a Section 1782 application. Careful planning and execution – including a thorough understanding of the nature of the claims in the foreign proceedings and detailed research into the potential discovery targets – are essential for a successful court outcome.