Litigants May Obtain Documents Outside of U.S. for Foreign Legal Proceedings, 2nd Cir. Rules

NEW YORK — A federal appeals court has ruled that 28 U.S.C. § 1782 may be used to obtain documents outside of the United States to be used in legal proceedings abroad, holding that there is no per se bar to the extraterritorial application of the statue.

In an Oct. 7 opinion that addressed an issue of first impression, the 2nd Circuit U.S. Court of Appeals found the lower court “acted well within its discretion” in allowing discovery from Banco Santander’s New York-based investment brokerage affiliate.

Banco Santander S.A. acquired Banco Popular Español S.A. (BPE) following a government‐forced sale. A …