Foreign Evidence Gathering Litigation

Miller & Chevalier has extensive and successful experience representing parties in foreign evidence gathering litigation. Litigants outside the U.S. turn to our firm to seek U.S. judicial assistance to obtain evidence – including documents and depositions – that can be used in foreign litigation. Litigants around the world can utilize the broad civil discovery that is available in the U.S., but few do so. By taking depositions in the U.S. and obtaining documents such as bank records, foreign litigants can and do gain a significant advantage in their cases. Foreign evidence gathering is governed primarily by 28 U.S. Code § 1782, Assistance to Foreign and International Tribunals and to Litigants Before Such Tribunals.

Our team of litigators has successfully sought and opposed foreign evidence gathering efforts on behalf of both individual and corporate clients. We take pride in assisting foreign lawyers and involve them in every step of the process.

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Representative Engagements

In re Application of Philippe Martinez and MSR Media SKN Ltd., No. 1:24-mc-306 (S.D.N.Y. filed July 3, 2024). Application for subpoenas seeking bank records necessary to defend against defamation claims brought in the Federation of St. Kitts & Nevis granted.
In re Application of Philippe Martinez and MSR Media SKN Ltd., No. 1:24-mc-20492 (S.D. Fla. filed February 7, 2024). Application for subpoenas seeking bank records granted.
In re Application of Food Investment SPA and Australis Seafoods S.A., No. 1:23-cv-22492 (S.D. Fla. filed July 5, 2023) Opposed the issuance of subpoenas for bank records related to ongoing criminal investigation in Chile and civil case in the U.K.
Azima v. Global Impact Services, Eitan Arusy, Truist Financial Corp., No. 9:22-mc-81229 (S.D. Fla. filed August 8, 2022). Application for subpoenas seeking bank records relating to hacker Amit Forlit’s companies granted.
Azima v. JPMorgan Chase & Co., No. 1:22-mc-00073 (S.D.N.Y. filed March 9, 2022); Azima v. Citibank, N.A., No. 1:22-mc-00072 (S.D.N.Y. filed March 9, 2022); Azima v. Bank of America, No. 3:22-mc-00043 (W.D.N.C. filed March 8, 2022). Applications for subpoenas seeking bank records relating to hacker Amit Forlit’s company SDC-Gadot LLC granted.
Azima v. Insight Analysis and Research LLC, SDC-GADOT, Amit Forlit, No. 1:22-cv-20707 (S.D. Fla. filed March 8, 2022). Application for subpoenas seeking documents evidencing hacking granted, and application to take the deposition of accused hacker Amit Forlit granted, resulting in a two-day deposition in Tel Aviv, Israel.
Azima v. Handjani, No. 1:21-mc-00501 (S.D.N.Y. filed June 29, 2021). Application for subpoenas seeking documents evidencing hacking from alleged hacking co-conspirator granted, and application to depose granted, resulting in a deposition in New York.
In re Application of Indus. Dev. Corp., No. 1:20-mc-00264-KPF (S.D.N.Y. filed July 31, 2020). Intervened and obtained favorable limiting and protective orders regarding subpoenas issued seeking bank records of Oakbay Resources Ltd., for use in a South Africa proceeding.
APPLICATION PURSUANT TO 28 U.S.C. 1782, et al. v. FACEBOOK, INC., No. 1:20-mc-00036 (D.D.C. filed June 8, 2020). Application seeking subpoenas to Facebook for use in Gambia’s case against Myanmar in the International Court of Justice.

Rankings and Recognition

Chambers USA

Corporate Crime & Investigations: The Elite (USA - Nationwide), 2021 - 2024
Corporate Crime & Investigations (USA - Nationwide), 2015 - 2020
Litigation: White-Collar Crime & Government Investigations (District of Columbia), 2011 - 2024

Chambers Global

Brazil Corporate Crime & Investigations (International Firms), 2023 - 2024
Corporate Crime & Investigations (Latin America-International Counsel), 2015 - 2024
Corporate Crime & Investigations (USA), 2016 - 2024
Corporate Investigations/Anti-Corruption (Global: Multi-Jurisdictional), 2017 - 2024
Investigations & Enforcement (International & Cross-Border) (USA), 2020 - 2024

Chambers Latin America

Corporate Crime & Investigations (International Counsel), 2015 – 2025

Chambers Brazil

Corporate Crime & Investigations (International Counsel), 2023

Global Investigations Review

GIR 30 Top Global Investigations Practice, 2015 - 2024
Boutique or Regional Practice of the Year, 2016

Legal 500

Dispute Resolution: White-Collar Criminal Defense – Advice to Corporates (U.S.), 2011 - 2024
Dispute Resolution: White-Collar Criminal Defense – Advice to Individuals (U.S.), 2011 - 2024

Legal 500 Latin America

International Firms: Compliance and Investigations, 2021 - 2025

U.S. News - Best Lawyers^® "Best Law Firms"

Criminal Defense: White-Collar (District of Columbia), 2010 - 2025
Criminal Defense: White-Collar (National), 2019 - 2025