Resolving The Conflict In 2nd Circ. Foreign Discovery Rulings

Partners Elan R. Dobbs and Adrienne B. Koch published an article in Law360 on April 9, 2026, examining a seeming inconsistency in the Second Circuit’s two most recent published decisions about discovery in the U.S. for use in a foreign proceeding. The article analyzes the two decisions – both of which affirmed a district court’s determination under an “abuse of discretion” standard of review – and concludes that “the best approach” for any party seeking or resisting such discovery “is to persuade the district court that the facts of a particular case warrant an exercise of discretion in its favor.”

You can read a pdf of the article here.