Recent Developments Section 1782 Litigation and the Attorney-Client Privilege
28 U.S.C. § 1782 allows an “interested party” to obtain an order from a U.S. court compelling discovery “for use in a proceeding in a foreign or international tribunal.” Perhaps recognizing that U.S.-style discovery, including depositions and full-scale document production, is comparatively broader than discovery in many foreign jurisdictions, litigants have attempted to use Section 1782 creatively by seeking discovery from foreign entities’ U.S.-based advisors and agents, including law firms or other sources of potentially privileged information.
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Recent Developments Section 1782 Litigation and the Attorney-Client Privilege
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