Preventing 28 USC § 1782 Discovery
Defense Against International Discovery Petitions
The law firm of Charles B. Lembcke, P.A. has successfully challenged attempts by foreign nationals to obtain evidence through U.S. district courts for use in overseas legal proceedings. Based in Jacksonville, Florida, we work to block such petitions on behalf of clients whose interests would be compromised.
Section 1782 and other sections Title 28 of the U.S. Code allow foreign nationals to come into U.S. District Court to seek discovery in aid of foreign proceedings, such as arbitration, civil litigation, criminal trials or administrative proceedings.
Our firm works to protect U.S. citizens or corporations from being compelled to turn over tax returns and other personal and potentially damaging documents. We primarily represent officers, directors and key employees of U.S. companies and their subsidiaries in other countries.
The Supreme Court has interpreted Section 1782 broadly to apply to any proceedings in foreign courts and tribunals, including pre-indictment criminal investigations. Nonetheless, attorney Charles Lembcke has succeeded in defeating international discovery attempts by arguing that litigants in U.S. court proceedings would not be afforded a parallel level of access to sensitive data. In other words, foreigners should not have greater rights to discovery in a U.S. court than would American citizens.
We have had notable results in this complex area of the law. On behalf of clients, we have thwarted discovery attempts by litigants in Switzerland, Russia, Cyprus and other nations in Europe and worldwide.
Charles Lembcke is a veteran trial lawyer and former federal prosecutor whose 36 years of experience includes hundreds of federal court trials and appeals. If you or your company are fighting international discovery, he can capably promote your legal position. Call (877) 355-5467 or contact us online to arrange a consultation.
