Publications

SCOTUS Limits Discovery Tool

July 20, 2022Turnarounds & Workouts

Herrick partner Kyle Kolb authored an article for Turnarounds & Workouts on the Supreme Court's recent decision in ZF Automotive US, Inc., v. Luxshare, Ltd.

This case is the first Supreme Court decision in nearly two decades to address the scope of a federal statute that can serve as a powerful tool in legal disputes unfolding outside of the United States. The statute, 28 U.S.C. § 1782 (“Section 1782”), may not be well-known amongst U.S. bankruptcy practitioners, as these applications must be filed in federal district courts, but it is increasingly used to assist proceedings in a variety of foreign jurisdictions and can potentially aid in disputes and proceedings distressed investors are involved in abroad.

Please click here for a PDF copy of the article. A full-text copy of the July 2022 Turnarounds & Workouts newsletter is available here