SHB Partner Greg Fowler, Partner Sam Sebree and Associate Marc Shelley have co-authored an article titled “Seeking Discovery in U.S. Courts to Aid in Foreign Proceedings” in the September 6, 2007, issue of DRI Europe eNews. Greg, Sam and Marc address recent developments concerning the statute named “Assistance to Foreign and International Tribunals and to Litigants Before Such Tribunals,” 28 U.S.C. §1782 (2006), which “codifies principles of comity to enable a U.S. district court, under certain circumstances that appear necessary and just, to grant the request of a party seeking the production of evidence for use in a foreign tribunal.” In light of a recent U.S. Supreme Court ruling that broadened the statute’s interpretation, they discuss changes in how the measure is invoked and the opportunities and defenses available to practitioners. The article includes specific strategies for responding to discovery requests under Section 1782(a) and advises those opposing production to, among other things, “argue that the measure seeks to circumvent the foreign proof-gathering restrictions or policies of the foreign court.” In addition, the authors note that the increased use of the statute intersects two current litigation trends, that is, the growing global demand for greater consumer protection and its effect on document-retention obligations. To view the article, please click here.