April 20, 2012

Jenner & Block Partners Lawrence S. Schaner and Brian S. Scarbrough published an article titled, “Obtaining Discovery in the USA for Use in German Legal Proceedings,” in the April issue of Anwaltsblatt, the professional magazine of the Deutscher Anwaltverein (DAV), the German Bar Association. The focus of the article is §1782 of Title 28 of the United States Code which allows litigants in non-U.S. proceedings to take advantage of the U.S.’s comparatively liberal approach to discovery. The article discusses the background of §1782, its mandatory requirements, its discretionary factors, and how the provision operates from a procedural standpoint. The authors also examine §1782 in cases relating to German legal proceedings or German parties. Litigation Counsel Shyni R. Varghese assisted in preparing the article for publication.