3rd Circ. Could Select Middle Path On Foreign Discovery Law
Partner Adrienne B. Koch published an article with Law360 on November 20, 2020 that examines a split among the federal circuit courts concerning the availability of discovery under 28 U.S.C. § 1782 in aid of a foreign arbitration proceeding. The article focuses on a case that is currently pending in the Third Circuit that could chart a “middle path” between the two sides of that circuit split. She concludes that, although “[t]he circuit split remains and will continue regardless of what the Third Circuit does,” even in circuits that allow such discovery litigators “need to keep a close eye on the discretionary factors” that the courts apply in deciding whether or not to grant it. “In many cases,” she writes, “application of those factors may produce the same result as a rule precluding Section 1782 discovery altogether.”