Emina Sadic Herzberger

Emina Sadic Herzberger

September 01, 2020 | Daily Report Online

Circuit Split Deepened by Second Circuit's 'Functional' Test Application in Recent Section 1782 Ruling 

Identically-situated parties seeking discovery in support of arbitration before the same private tribunal will receive different receptions in the Second and Fifth Circuits than in the Sixth and Fourth Circuits. Litigants before the Eleventh Circuit and elsewhere will be writing on a blank jurisprudential slate.

By Peter B. "Bo" Rutledge and Emina Sadic Herzberger.

6 minute read