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Cross-Border Discovery


The globalization of business means that transactions and the flow of information are increasingly borderless – until a dispute arises. Then, U.S. and foreign parties alike face a complex maze of procedural rules & regulations, burdensome processes, and a whole host of legal and practical challenges to securing critical documents and testimony.

Loeb & Loeb’s Cross-Border Discovery team prosecutes and defends cross-border discovery disputes in jurisdictions across the United States and the world.

For U.S. litigants seeking discovery outside the United States, the Hague Convention remains the traditional method. Loeb lawyers are experienced and adept at guiding U.S.-based litigants through this often-convoluted process of obtaining information, documents and testimony from foreign individuals, companies and other entities. We also  advise and represent foreign individuals and entities that are the targets of this discovery.

For foreign parties to litigation, or even those just contemplating litigation, a faster and more powerful tool for obtaining cross-border discovery from U.S.-based persons or entities is available: 28 U.S.C. § 1782 (a U.S. statute) allows parties based outside the U.S. to use the federal district courts to obtain documents and witness testimony in the U.S. that would not otherwise be available to them in their home jurisdictions. Loeb’s Cross-Border Discovery team represents both foreign and U.S.-based clients in Section 1782 proceedings in district courts across the country, from New York to California.

Loeb’s transnational discovery work includes:

Section 1782 Discovery Prosecution. Loeb lawyers represent foreign parties in litigation, arbitration and administrative proceedings, in their efforts to pursue discovery in U.S. district courts. We advise and assist foreign individuals; public, private, family-owned and closely held companies; and other entities, in seeking the production of documents or witness testimony under Section 1782.  We’ve been successful in obtaining this discovery even in connection with contemplated – but not yet pending – legal and administrative proceedings.

Section 1782 Discovery Defense. U.S.-based clients are increasingly subject to Section 1782 proceedings, including pre-litigation fact-finding by overseas litigants that often leads to claims filed against them in either U.S. or foreign courts. Loeb’s Cross-Border Discovery team defends companies, individuals and other entities againstSection 1782 petitions in U.S. district courts.

Hague Convention Process and Letters Rogatory. We counsel U.S.-based individuals, public and private companies, and other entities on the strategic use of the Hague Convention process and letters rogatory to seek discovery in countries across the globe. We help clients navigate this complex and often-burdensome process, and advise on the interplay between the Hague Convention, bilateral treaties, and the privacy and data protection laws of signatory countries, including the European Union’s General Data Protection Resolution (GDPR) and others.

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