Applying English Law to a Privilege Dispute Under Section 1782

August 25, 2024  |  New York Law Journal

In recent years, the use of 28 U.S.C. § 1782 to obtain evidence from U.S. persons for foreign legal proceedings has surged, leading to complex privilege disputes.  U.S. courts often must decide whether U.S. or foreign privilege laws apply, using the “touch base” test to guide these decisions.  In In re BM Brazil I Fundo de Investimento em Participações Multistratégia, Southern District Magistrate Judge Gary Stein used this test to apply English privilege law, resulting in a different outcome than would have been reached under U.S. law.  In their latest article for the New York Law Journal, “Applying English Law to a Privilege Dispute Under Section 1782,” Morvillo Abramowitz Grand Iason & Anello partners Edward M. Spiro and Christopher B. Harwood examine how Judge Stein applied the “touch base” test to resolve a cross-border privilege dispute.  

Applying English Law to a Privilege Dispute Under Section 1782 (pdf | 193.22 KB)