header-logo header-logo

26 June 2026
Issue: 8167 / Categories: Legal News , International , Disclosure , Procedure & practice
printer mail-detail

NLJ this week: US evidence orders reach far beyond one lawsuit

253189
© Getty images
Material obtained through US discovery applications may have a much longer legal life than many litigants realise

Writing in NLJ this week, Janna Purdie of Lexis+ Dispute Resolution examines recent decisions on section 1782 of the US Code, which allows American courts to compel evidence for use in foreign proceedings.

The key lesson from Accent Delight and the more recent Pliego case is that evidence secured for one case is not automatically restricted to that case. Unless a US court imposes limits, documents may be deployed in related proceedings, asset-tracing exercises, enforcement actions and even criminal complaints. That flexibility can be invaluable in fraud litigation, where one disclosure often uncovers new leads. But it also creates risks for respondents who assume material is ringfenced.

Purdie says the real battleground is often not obtaining discovery but controlling its future use through carefully drafted protective orders.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll