Katie Burghardt Kramer Discusses Section 1782 and Data Regimes Shaping Global Discovery at ABA and Federal Bar Council
DTO partner Katie Burghardt Kramer recently spoke on two panels hosted by the American Bar Association and the Federal Bar Council, addressing how Section 1782 and evolving data regimes are shaping cross-border discovery in an increasingly digital and global litigation landscape.
At the ABA International Law Section Annual Conference in Washington, D.C., she participated in “Effective International Discovery in an Electronic World: New Challenges for Litigants and Participants,” a panel that brought together practitioners to examine the expanding scope and complexity of international discovery. The discussion covered key developments affecting cross-border litigation, including the challenges of obtaining evidence from multi-jurisdictional and cloud-based systems, navigating restrictive data protection regimes, and addressing practical barriers such as blocking statutes and remote testimony across jurisdictions. Panelists also considered recent developments in frameworks such as the Hague Convention and the growing relevance of U.S. discovery tools in foreign proceedings.
She also spoke on the Federal Bar Council webinar “Strategies for 28 U.S.C. § 1782 Discovery for Foreign Disputes,” which offered a more focused, practice-oriented discussion of Section 1782. The program examined the fundamentals of Section 1782 litigation, including procedural requirements and strategic considerations, while also highlighting emerging trends and common arguments raised by both applicants and respondents. The conversation provided practitioners with practical guidance on advising clients involved in cross-border disputes and navigating the evolving role of U.S. courts in international discovery.
Together, these programs provided an opportunity to share perspectives while engaging with fellow practitioners, allowing for the exchange of insights and the development of ideas through discussion with both panelists and audience members. They also reflect DTO Law’s continued engagement with, and ongoing development in, this evolving area of cross-border discovery.