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Clifford Chance

Briefings

Second Circuit Expands the Geographic Reach of Section 1782

21 October 2019

The Court of Appeals for the Second Circuit recently clarified the geographic scope of discovery available under 28 U.S.C. § 1782. Section 1782 allows parties in foreign proceedings to obtain discovery in the US in support of those foreign proceedings. In the past, many courts have limited such discovery to companies located in the US and to documents physically stored in the US. The Second Circuit has now clarified, however, that Section 1782 may reach any company subject to personal jurisdiction in the US, even if the documents requested are physically located outside the US. See In re del Valle Ruiz et al., -- F. 3d --, No. 18-3226 (2d Cir. Oct. 7, 2019). Based on this ruling, a company with no operations in the US now may be subject to discovery pursuant to Section 1782.

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