Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “1782

Book of the Day: The Globalization of Discovery

Posted on October 29, 2020

Lucas Bento, a lawyer with Quinn Emanuel, is opposing counsel in a new 1782 case I’m defending and also, from my discussions with him, a fine lawyer and a good guy, so I thought it was time to buy his book, The Globalization of Discovery: the Law and Practice under 28 U.S.C. § 1782 (2020). It’s a good book! Much of it is doctrinal, and Lucas thoroughly covers the statutory requirements and the Intel factors. But to my mind the best chapters are the first two and the last. The beginning of the book gives an overview of the US discovery system that will be particularly useful for non-US lawyers and an historical overview of Section 1782. The last chapter gives some guidance on…

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Case of the Day: Servotronics v. Rolls-Royce

Posted on October 6, 2020

The case of the day is Servotronics, Inc. v. Rolls-Royce PLC (7th Cir. 2020). I wrote about a related Fourth Circuit case earlier this year. The case deepens the circuit split on whether Section 1782 reaches private foreign arbitrations. The Fourth and Sixth Circuits have recently said “yes.” The Second and Fifth Circuits had said “no.” Now the Seventh Circuit has taken the Second Circuit view, setting up a very strong candidate for Supreme Court review (assuming the arbitration will still be pending a year from now).

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Case of the Day: In re Gorsoan Ltd.

Posted on July 27, 2020

The case of the day is In re Gorsoan Ltd. (SDNY 2020). Gorsoan, a Cyprus company, and Gazprombank, the Russian bank, sued dozens of defendants, including Janna Bullock, in Cyprus, alleging a $25 million fraud. The Cyprus court issued a worldwide asset freeze injunction and requiring the defendants, including Bullock, to disclose their assets. Bullock did not comply with the order. So in 2013, Gorsoan obtained an order under § 1782 for issuance of a subpoena to Bullock. Although the court granted the application and the Second Circuit affirmed, “Bullock did not produce much, if any, discovery.” The judge, on Gorsoan’s motion, ordered a second deposition under judicial supervision, but at that deposition, Bullock invoked her right against self-incrimination and refused to testify. In…

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