Milbank Litigation partners David Gelfand and Daniel Perry and associates Andrew Lichtenberg and Rachel Siegel authored an article for New York Law Journal titled: “Second Circuit Broadens Discovery In Aid of Foreign Proceedings.”
The article discusses a recent decision by the US Court of Appeals for the Second Circuit, which held that litigants in foreign proceedings may ask US courts to compel discovery of documents and other information located outside of the US. The authors describe the implications of the decision for international commercial litigation, stating that the Second Circuit “has now rolled out a welcome mat for foreign litigants seeking to utilize the U.S. judicial process to obtain discovery they might not otherwise be able to access.” Under this decision, the authors explain, “a person or entity subject to personal jurisdiction in the Second Circuit could be forced to produce documents located anywhere in the world in response to a discovery request regarding a foreign proceeding—even though that person or entity is not a party to that foreign proceeding.”
November 12, 2019
