Brian Busey authored an article for Managing IP explaining what counsel must consider when filing Section 1782 actions.
"A litigant should weigh up a number of different factors when considering seeking or resisting discovery pursuant to Section 1782," Brian wrote. "First, the discovery applicant should identify the relationship between the evidence being sought and the claims in the foreign proceeding in advance and spell that out in the application and supporting papers."
He added: "Second, federal courts can issue Section 1782 requests ex parte. However, most courts disfavor ex parte orders. Judges therefore may require the target or opposing litigation party to be served. Even if it grants the application ex parte, the court will often reserve the right of the target to move to quash or narrow the subpoena."
Read the full article (subscription required).
Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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