Discovery in the U.S. for Foreign Proceedings Under 28 U.S.C. 1782: Standards, Circuit Split, Procedural Challenges

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.

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.