District Court Orders Section 1782 Discovery for Peru Bribery Cases
28 U.S.C. § 1782 authorizes federal courts to order discovery for use in foreign or international tribunals. A recent decision in the Southern District of New York (SDNY), In re Brookfield Infrastructure Partners L.P., shows how § 1782 works, while raising interesting questions about discovery from banks and law firms. Highway Bribery In 2012, Metropolitan…
Continue Reading“Tag Service” and Section 1782
[This post originally appeared at Letters Blogatory and is reprinted here with the author’s permission.] Bill Dodge has a really interesting post about a decision from the bench in an SDNY Section 1782 case, In re Fourworld Event Opportunities Fund. Decisions like this are from the darkest corner of the legal dark web. They are not published. They are not available…
Continue ReadingTagging Corporate Directors for Discovery under Section 1782
Section 1782 authorizes federal district courts to order any person who “resides or is found in” the judicial district to provide discovery “for use in a proceeding in a foreign or international tribunal.” The Second Circuit has held that “that § 1782’s ‘resides or is found’ language extends to the limits of personal jurisdiction consistent…
Continue ReadingThe Use and Abuse of Section 1782 Litigation in England
This post considers the use and misuse in England of the U.S. district court’s power under 28 U.S.C. § 1782 to order a person to give evidence or produce documents for use in a proceeding in a foreign tribunal. It is based upon a paper written for a conference honouring Professor Linda Silberman, a close…
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