Key Insight: Whether US based discovery can be used in a foreign proceeding
Nature of Case: 28 U.S.C. 1782 request for US based Discovery to be used in a foreign proceeding
Electronic Data Involved: Business documents
Keywords: US based discovery, foreign proceeding, serve document subpoenas
Key Insight: Petitioner met statutory requirements under Section 1782, but not the discretionary factors. Circuit court affirmed denial of discovery request.
Nature of Case: European Patent Case
Electronic Data Involved: Documents in US for use in European Case
Keywords: Foreign Proceeding
Key Insight: Foreign Government statements should be weighed by 5 factors. Courts should afford consideration, but are not bound to conclusively accept the statements of foreign governments.
Nature of Case: Price Fixing
Electronic Data Involved: Foreign Government Statement
Keywords: Foreign Law
Key Insight: Court limited use of foreign materials to those relevant to the case. Only items where respondent involved were allowed.
Nature of Case: Fraud
Electronic Data Involved: Materials used in foreign legal proceedings
Keywords: Foreign Proceedings
Key Insight: German defendant objected to discovery on basis of German Data Protection Laws. Court ruled that legal claim outweighed data protection.
Nature of Case: Tortious interference with business, breach of non-disclosure
Electronic Data Involved: German Business Records
Keywords: foreign company, data protection
Key Insight: Duty of preservation is not enforceable for foreign company investigated by foreign government with no lawsuits filed in USA
Nature of Case: antitrust
Electronic Data Involved: deleted electronic records
Keywords: duty of preservation foreign, foreign government investigation preserve
Key Insight: cant compel production of overseas medical records not in plaintiff’s possession
Nature of Case: medical malpractice, failure to warn
Electronic Data Involved: medical documents
Keywords: UAE patient cant get lien records from overseas entities
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