Second Circuit Affirms Simpson Thacher Victory in Section 1782 Application for Discovery in Aid of Japanese Court Action
06.18.09
This is only gets display when printing
On June 17, 2009, Simpson Thacher achieved a victory in the discovery battle that a Japanese affiliate of Lehman Brothers Holdings Inc., has been waging for over a year to obtain discovery pursuant to 28 U.S.C. § 1782 from Marubeni America Corporation (“MAC”). The case centered on whether the Lehman affiliate, LBA Y.K., should be allowed to obtain documents and deposition testimony from MAC for use in a civil action pending in the Tokyo District Court in Japan against MAC’s parent company, Marubeni Corporation.
Just one day after oral argument, the U.S. Court of Appeals for the Second Circuit summarily affirmed the ruling of the U.S. District Court for the Southern District of New York (Preska, J.), granting LBA Y.K.’s request and adopting LBA Y.K.’s arguments in their entirety. Peter Thomas argued the appeal on behalf of LBA Y.K. in front of a three-judge panel of the Second Circuit. Eric Albert, Brijesh Dave, Reynelle Staley, Gabriel Rottman, Conor Reidy, and summer associate Blake Sparrow assisted in drafting the appellate brief and preparing for the oral argument. The team’s paralegal is Christine Lopez.