One Year Later – Has Cross Border Discovery Been Impacted by Del Valle Ruiz Ruling?

November 12, 2020

Just over a year ago, a ruling from a three-judge panel of the U.S. Court of Appeals for the Second Circuit signaled a potential expansion of section 1782’s use and geographic reach. Section 1782 permits parties involved in or considering legal proceedings outside the U.S. to obtain documents from a person or entity that resides or is found in the U.S.
 
In a recent Expert Analysis article in Law360, three of our lawyers – James Goldfarb, Alexandra Marinzel, and Sharon O’Shaughnessy – examine whether the ruling in del Valle Ruiz has resulted in greater use of section 1782 and more expansive discovery.
 
"Del Valle Ruiz brought up concern that U.S. companies, and non-U.S. companies with U.S. operations, could become conduits for discovering documents held in and outside the U.S., but those concerns have not been borne out," said James Goldfarb, one of the article’s authors.
 
District court decisions in the year since del Valle Ruiz have shown a sensitivity to the burden of producing documents located overseas and will limit discovery when production of overseas materials imposes a significant burden based on consideration of all factors.
 
To read the full text article from Law360, please click here.