Recent Developments Section 1782 Litigation and the Attorney-Client Privilege
The authors state that in this article, they "discuss recent Section 1782 litigation developments concerning the application of attorney-client and other privileges in this context."
January 06, 2025 at 09:00 AM
8 minute read
28 U.S.C. §1782 allows an “interested party” to obtain an order from a U.S. court compelling discovery “for use in a proceeding in a foreign or international tribunal.” 28 U.S.C. §1782(a). Perhaps recognizing that U.S.-style discovery, including depositions and full-scale document production, is comparatively broader than discovery in many foreign jurisdictions, litigants have attempted to use Section 1782 creatively by seeking discovery from foreign entities’ U.S.-based advisors and agents, including law firms or other sources of potentially privileged information.
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Who Got The Work
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
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