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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, April 14, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE course will equip the multinational litigator to use process in the U.S. to obtain discovery for proceedings underway in foreign countries. 28 U.S.C. 1782, as interpreted by the Supreme Court in Intel Corp. v. Advanced Micro Devices Inc., provides an oft-overlooked but highly powerful tool for seamless discovery.

Faculty

Jeffrey I.D. Lewis
Partner
Foley Hoag LLP

A chemical engineer and registered patent attorney, Mr. Lewis concentrates on patent and trademark litigation, counseling, and licensing, as well as other intellectual property and general litigation. He regularly represents plaintiffs as well as defendants ─ both at trial and on appeal ─ in a range of technology-related sectors with a focus on pharmaceuticals, chemicals, mechanical/medical-device, biotechnology and life sciences, and has represented pharmaceutical innovators in numerous Abbreviated New Drug Application (ANDA) patent litigations. Mr. Lewis has been lead counsel in several dozen cases before the U.S. federal district courts and other tribunals, often trying them to conclusion, and argued numerous appeals before the U.S. Court of Appeals for the Federal Circuit.

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Nicole Y. Silver
Shareholder
Greenberg Traurig LLP

Ms. Silver focuses her practice on international litigation and dispute resolution. She advises Sovereign States and private clients in international arbitration proceedings, including arbitrations before the International Centre for Settlement of Investment Disputes (ICSID) and the Permanent Court of Arbitration (PCA) under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, in a wide array of sectors, including energy, infrastructure, telecommunications, and the environment. Ms. Silver also represents clients in complex civil litigation, including products liability litigation and white collar criminal defense. Her experience includes preparing motions for the U.S. District Court for the Southern District of New York, the U.S. Court of Appeals for the Second Circuit, and the Supreme Court of the United States.

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Description

Multinational disputes involving U.S. companies are not always prosecuted in the U.S. When disputes play out in a foreign forum, but documents and information are in the U.S., 28 U.S.C. 1782 provides the statutory authority and process to follow to obtain that information.

Courts that interpret 28 U.S.C. 1782 apply a multipart test to the availability of discovery, set out in Intel Corp v Advanced Micro Devices Inc. by the Supreme Court. The test asks (a) is the target of the discovery a party to the foreign proceeding; (b) what type of proceeding is pending, and whether the locale of the proceeding allows discovery from the U.S.; (c) whether the request is an attempt to circumvent foreign law; and (d) the level of burden or intrusion of the request.

The Circuits are split on some issues, such as when discovery is in support of arbitration, and so where that discovery is sought matters. For example, courts have ruled both that discovery is and is not available from an arbitration proceeding.

Proceeding under 28 U.S.C. 1782 can be technically daunting. The party seeking discovery must file in the right forum and follow the relevant local rules such that the form of action (usually a miscellaneous "In re" proceeding) is correctly classified for the court.

Listen as this panel of international litigation experts walks through not only the technical steps in bringing such a proceeding but identifies and discusses the conflicts and challenges in this evolving area of the law.

Outline

  1. Types of proceedings in which 28 U.S.C. 1782 is available
    1. Court proceedings
    2. ADR (arbitration)
  2. Examples of documents and information available under 28 U.S.C. 1782
  3. Proceedings under 28 U.S.C. 1782
    1. Process to follow
    2. Legal standards applied

Benefits

The panel will review these and other essential matters:

  • How to bring a proceeding under 28 U.S.C. 1782
  • The types of foreign proceedings in which participants can avail themselves of 28 U.S.C. 1782
  • The breadth of 28 U.S.C. 1782 concerning documents and information