Law Center Search Results

The Supreme Court held 6/21/04 that 28 U.S.C. § 1782 – which authorizes federal courts to allow discovery by “interested person[s]” for use “in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation” – authorizes, but does not require, federal district courts to provide discovery to “interested person[s]” in foreign proceedings. The Supreme Court noted that, in determining whether assistance is appropriate under Section 1782, courts should consider the following factors: (1) whether the person from whom discovery is sought is a participant in the foreign proceedings, as the need for assistance generally is not as apparent where a foreign tribunal can exercise its own jurisdiction over those appearing before it to order the production of evidence; and (2) whether – after taking into account the nature of the foreign tribunal, the character of the proceedings underway abroad, and the receptivity of the foreign government, court or agency to federal-court assistance – the Section 1782 request conceals an attempt to circumvent foreign proof-gathering limits or other policies of a foreign nation or the United States. Further, the Supreme Court stated that courts may reject or trim unduly intrusive or burdensome Section 1782 requests. This case is important to any business that is, or could become, involved in proceedings before foreign tribunals.

The NAM filed an amicus brief supporting Intel's appeal.