Seventh Circuit Identifies Potential Abuses When Seeking US Discovery to Support Non-US Litigation
7 February 2011
Mayer Brown Legal Update
A recent Seventh Circuit decision offers a reminder that even when proceeding before a non-US tribunal, companies located in the United States may be subject to the burdens of US discovery. Pursuant to 28 U.S.C. §1782(a), a district court has authority to order discovery “for use in a proceeding in a foreign or international tribunal” from one who “resides or is found” in that district.