How a US Discovery Statute can affect Cayman Litigation

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Section 1782 of Title 28 of the U.S. Code is increasingly being used by parties in Cayman Islands litigation as an additional tool to obtain court-ordered discovery from parties in the United States. Given the regular involvement of entities resident in the U.S. in Cayman litigation, the option to use the statute as an "offensive" weapon in such litigation may appeal to litigants, particularly those concerned that discovery through the Cayman proceedings will not yield particular, or wide-ranging, documents or information.