New Tool for Resisting Section 1782 Discovery


07 Aug 2020

Alexander Lawrence and David Hambrick authored an article for Law360 covering a recent decision from the U.S. District Court for the Southern District of Florida that changes the way courts use Section 1782 for discovery.

“Tortious interference with exclusive distribution rights is a familiar fact pattern in many jurisdictions,” the authors wrote. “So, too, is the strategy Motransa contemplated – challenging the third-party infringer in national courts with evidence obtained pursuant to Section 1782 as ammunition. For litigants hoping for U.S.-style discovery in such disputes, Motransa serves as a cautionary tale. Going forward, it gives suppliers a new tool for resisting such applications.”

They added that the case “also teaches a more general lesson: for any contracting party eager to avoid U.S.-style discovery or those who prefer the efficiency advantages of arbitration, it is now clear that a well-crafted delegation clause in an arbitration provision can provide a powerful tool in responding to Section 1782 discovery applications.”

Read the full article.



Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.