Extract from David R. Cohen and Bradley C. Whitecap's article "Will the US Become a Haven for International Discovery Under Section 1782?"
28 U.S. Code Section 1782 (A) provides that an individual or entity that resides or is found in a jurisdiction may be ordered to produce documents or give testimony for disputes before foreign or international tribunals, so long as that person or entity is in possession or control of relevant evidence. U.S. courts are split on what is required to show “control” of documents, but generally apply either the “legal right standard” or the “practical ability standard.” Under the legal right standard, a party is deemed to have control over documents possessed by others only if the party has the legal right to obtain them. The practical ability standard is broader, expanding the definition of control to include instances where a party has the practical ability to obtain the documents sought, regardless of that party’s legal right to the documents.
I wanted a certification that separates me from my peers. Upon discovering CEDS, I was convinced this was exactly the type of distinction I had been seeking. Since achieving CEDS certification, I’ve noticed immediate recognition from my organization, colleagues, and current and prospective clients.They acknowledge they are more comfortable working with a person who has taken time to seek such certification. CEDS has certainly been worth the small investment and should continue to beget returns for years and years to come.
Andrew Bayer, CEDS
I get bombarded with all kinds of e-discovery stuff – news, blogs and whatnot. Let me tell you, you guys send the absolute best! I send it to all my partners and sales folks. I said, who are these guys? I have to get to know them better!
Kevin Glass, CEO
As a trial lawyer, day-to-day information processing is daunting for my client service. I’ve come to rely on ACEDS to keep me on the ‘edge’ of the curve on e-discovery. It’s a source I ‘ping’ ASAP.