This is an interesting piece. The authors; Gabriela Ruiz, Martin De Luca and Scott Nielson, comment on how in ZF Automotive US Inc. v. Luxshare Ltd., the U.S. Supreme Court recently held that discovery under Section 1782 of the U.S. Code may not be granted when the sole foreign proceeding is a private international arbitration.
The court also noted certain factors that might be considered in determining whether discovery may be authorised for use in investor-state arbitration.
I spoke to my colleague Eduardo Magalhaes (who is based in Brazil) about this, and he said that since 2014, with the beginning of the car wash operation, the eDiscovery market has had a boom in Brazil and Latin America. As a result, new regulations and good practices have been incorporated into forensic investigation processes.
We discussed how studies conducted by Gartner show that the volume of information generated by companies by the end of 2020 reached a 40 trillion gigabyte mark in the world. This demonstrates the challenge that a company goes through in managing this astronomical volume of information. In addition to that, the global health crisis that has caused many companies to adopt telework as a measure, causing many organisations to considerably increase the use of cloud services.
These technology developments require an improved level of adaptation by companies regarding cases caused by internal or external agents.
With a forensic technology team established in Latin America since 2017, which includes experience market professionals and cutting-edge tools, A&M has been working on physical and remote data collection cases in industries such as legal, financial, logistics, manufacturing, bringing more agility, lower cost and efficiency in investigative processes.
If you are interested in getting to know the credentials and tools of the eDiscovery team of A&M Latam, I would urge you to connect with Eduardo Magalhaes or Diego Rodrigues.
The scope of U.S. discovery is expansive and will continue to evolve in the coming months and years. The form of its evolution may appear in the immediate context as ebbs and flows, but in the long run it is unlikely that Section 1782 discovery will lose its comparative advantages when compared to discovery in other nations, such as Brazil.