GEAB&P Obtains Second Circuit Affirmance

Michael Devorkin, senior litigation partner, and associate Alexander K. Parachini successfully obtained a decision from the U.S. Court of Appeals for the Second Circuit in Gissin v. Freedman, affirming a previous order from Judge Hellerstein, Southern District of New York, requiring American investment entities LM Moore SP Investments, Ltd, an investment fund, and its manager Moore Capital Management, LLC, to submit to a deposition and produce documents in New York to Guy Gissin, a court-appointed liquidator in Israel for Sybil Europe Public Co. Limited, a Cyprus company, whose authority as liquidator was affirmed by the Israel Supreme Court.  The United States courts issued the orders pursuant to 28 U.S.C. §1782, which provides judicial assistance in the United States to parties in foreign litigation proceedings to take discovery in the United States.

By affirming with a summary order, after denying Moore a stay, the Court has put to bed any challenge to a foreign liquidator’s ability to use Section 1782 to take discovery in the U.S. when a pending foreign liquidation/bankruptcy proceeding is pending.

Section 1782 is not limited to foreign bankruptcy proceedings and is a useful tool available to other parties who are engaged in other types of foreign litigation.

For further information on this topic or for a copy of the decision, please contact:
Michael S. Devorkin
(212) 907-7348
mdevorkin(Replace this parenthesis with the @ sign)golenbock.com