Discovery

A New Frontier for Extraterritorial Disclosure Orders in England & Wales

In October 2022, an amendment to the Civil Procedure Rules in England established a new jurisdiction for limited extraterritorial disclosure orders (“information orders”). While the High Court of Justice (the “High Court”) had made steps (in ex parte applications) towards the granting of such orders in the last few years, the new rules and a…

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A Primer on Judicial Assistance Treaties

[This post is one in a series of primers on various topics in transnational litigation. More primers can be found on our topic pages, accessible by clicking Topics at the top of the page.] In transnational litigation it will often be necessary to do something within the territory of another state, such as serve process,…

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Throwback Thursday: Blackmun’s Prescient Dissent in Aérospatiale

In Société Nationale Industrielle Aérospatiale v. U.S. District Court (1987), the Supreme Court held that U.S. courts need not treat the procedures set forth in the Hague Evidence Convention as the exclusive or even the primary means for managing discovery of evidence located abroad. Four justices dissented in part in a remarkably prescient opinion authored…

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Lower Court Grapples with Supreme Court Ruling on Section 1782 and Investor-State Arbitration

Back in June 2022, the U.S. Supreme Court resolved a circuit split on the applicability of Section 1782’s discovery tools for private commercial arbitration, and simultaneously addressed a related issue of Section 1782’s use in investor-state arbitration. The investor-state issue came to the Court in the case of AlixPartners LLP v. The Fund for Protection…

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Foreign Data Protection Laws: Greater Impact on U.S. Discovery than Foreign Blocking Statutes

Litigants are increasingly relying on foreign data protection laws – especially new laws in China and the European Union – to resist discovery requests from courts in the United States. Historically, U.S. courts do not limit discovery just because the production of the requested materials or information would violate foreign laws. So far, as Bill…

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A Typical 1782 Case

28 U.S.C. § 1782 allows a federal court to order discovery for use in a foreign or international tribunal. After the Supreme Court’s first § 1782 decision in 2004, Intel Corp. v. Advanced Micro Devices, Inc., the number of § 1782 petitions increased dramatically, more than quadrupling between 2005 and 2017. In re Petition of…

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China’s New Data Security Law in U.S. Discovery Disputes

Discovery litigation regarding the impact of China’s Data Security Law (“DSL”), which took effect less than a year ago in September 2021, has steadily increased in U.S. courts, and it is likely to continue to increase over the coming months and years.  One driver of this litigation is the uncertainty created by the newness of…

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Court Holds that China’s Data Privacy Law Does Not Bar U.S. Discovery

A recent decision held that China’s new data privacy law does not bar compliance with U.S. discovery orders. In Cadence Design Systems, Inc. v. Syntronic AB, Chief Magistrate Judge Joseph Spero reasoned that there was no conflict between his discovery order and China’s Personal Information Protection Law (PIPL) because of an exception in the PIPL for…

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Highlights from the Media Coverage of ZF Automotive

The Supreme Court’s unanimous decision in ZF Automotive US, Inc. v. Luxshare, Ltd. has generated discussion, criticism, and approval in the transnational litigation and international arbitration communities. Writing for the Court, Justice Barrett relied on the meaning of the term “tribunal,” specifically when paired with “foreign” or “international,” to resolve a major circuit split and…

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ZF Automotive: Closing a Door, Opening a Window

The Supreme Court’s decision in ZF Automotive US, Inc. v. Luxshare, Ltd. drew a bright line for a statute that is otherwise regulated almost entirely by judicial discretion. In a terse and unanimous opinion, Justice Barrett wrote that Section 1782 does not permit district courts to order discovery for use in private international arbitration. The…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Matt Hornung

Cornell Law School
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Jonathan Schaffer-Goddard

Holwell Shuster & Goldberg; 4 Pump Court, London
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Chimène Keitner

UC Hastings Law
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David P. Stewart

Georgetown University Law Center
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Curtis A. Bradley

University of Chicago Law School
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Benjamin Hayward

Department of Business Law and Taxation, Monash Business School
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Rajat Lal

Faculty of Law, Monash University
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David Landau

Florida State University College of Law
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Katie Burghardt Kramer

DGW Kramer LLP
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Tanya Monestier

University at Buffalo School of Law
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