28 U.S.C. § 1782

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In an opinion Friday, Judge Cronan quashed subpoenas issued by the country of Türkiye to various U.S. banks for information relating to Cevdet Turkyolu, a U.S. resident and member of the faith-based Gülen movement that has fallen into disfavor with the Turkish government. The subpoenas were issued under 28 U.S.C. § 1782, which authorizes U.S. courts to issue discovery in aid of foreign proceedings.

Türkiye claimed the information was relevant to criminal cases in Türkiye against Turkyolu, but Judge Cronin found insufficient evidence that the criminal cases would actually go forward or that the requested evidence could be used. In addition, as a matter of discretion, Judge Cronan found that the suspicious circumstances of the subpoenas “weigh[ed] heavily” against enforcement of the subpoenas. In essence, there was reason to think the subpoenas were issued as political retaliation:Continue Reading Judge Cronan Quashes “Troubling” Turkish Government Subpoenas Seemingly Intended As Political Retaliation

In an opinion yesterday, Judge Hellerstein authorized discovery from the law firm Cravath under 28 U.S.C. § 1782 relating to a claim that the petitioning party planned to file, but had not yet filed, in the Netherlands against a Cravath client.

Judge Hellerstein rejected Cravath’s argument that, since the Netherlands case hadn’t been filed, the discovery was not (in the words of the statute) “for use in a proceeding in a foreign or international tribunal”:
Continue Reading Judge Hellerstein Authorizes § 1782 Discovery to Law Firm in Aid of Anticipated Dutch Suit Against Firm Client