9 Cited authorities

Gentile v. State Bar of Nevada
501 U.S. 1030 (1991) Cited 491 times 7 Legal Analyses
Holding that "[t]he First amendment does not excuse [an attorney] from [his] obligation [to adhere to the Rules of Professional Conduct], nor should it forbid ... discipline"
In re Application of Chevron Corp.
749 F. Supp. 2d 141 (S.D.N.Y. 2010) Cited 39 times 1 Legal Analyses
Granting Section 1782 discovery for oral testimony "even if some responsive documents are in [foreign party's] possession and could be reached by the [foreign] courts"
Chevron Corporation v. Donziger
768 F. Supp. 2d 581 (S.D.N.Y. 2011) Cited 38 times
Granting preliminary injunction
In re Grand Jury Subpoenas Dated March 24
265 F. Supp. 2d 321 (S.D.N.Y. 2003) Cited 49 times 6 Legal Analyses
Holding that a limited disclosure to a public-relations consultant did not result in a waiver of privilege because the purpose of the disclosure was to enable the consultant to advocate for the client in a public forum to help the client avoid indictment
In re Application of Chevron Corporation
762 F. Supp. 2d 242 (D. Mass. 2010) Cited 12 times 1 Legal Analyses
Holding the Intel factors weigh in favor of granting 1782 application even though it was “not entirely clear that the Ecuadorian criminal court [wa]s receptive to such ‘discovery assistance’ ”
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 16,614 times 105 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Fed. R. Civ. P. 34 Cited 13,156 times 147 Legal Analyses
Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."
Section 1782 - Assistance to foreign and international tribunals and to litigants before such tribunals
28 U.S.C. § 1782 Cited 2,100 times 247 Legal Analyses
In § 1782, Congress has expressly authorized federal courts to order discovery from domestic persons in aid of foreign proceedings like the ongoing Polish prosecution.
Section 1604 - Immunity of a foreign state from jurisdiction
28 U.S.C. § 1604 Cited 1,111 times 9 Legal Analyses
Granting immunity to foreign states, their agencies, and their instrumentalities

Chevron Corporation v. Donziger et al

9 Cited authorities

Holding that "[t]he First amendment does not excuse [an attorney] from [his] obligation [to adhere to the Rules of Professional Conduct], nor should it forbid ... discipline"

Granting Section 1782 discovery for oral testimony "even if some responsive documents are in [foreign party's] possession and could be reached by the [foreign] courts"

Granting preliminary injunction

Holding that a limited disclosure to a public-relations consultant did not result in a waiver of privilege because the purpose of the disclosure was to enable the consultant to advocate for the client in a public forum to help the client avoid indictment

Holding the Intel factors weigh in favor of granting 1782 application even though it was “not entirely clear that the Ecuadorian criminal court [wa]s receptive to such ‘discovery assistance’ ”

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

In § 1782, Congress has expressly authorized federal courts to order discovery from domestic persons in aid of foreign proceedings like the ongoing Polish prosecution.

Granting immunity to foreign states, their agencies, and their instrumentalities