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Court Finds that ICC is Tribunal for Purposes of Section 1782 Discovery Assistance

Client Alert | 1 min read | 11.11.08

28 USC 1782 is a US statute authorizing federal courts to grant discovery assistance to persons and entities involved in disputes before a tribunal outside the US. In In re Application of Babcock Borsig AG, CA No. 08-mc-10128-DPW, Oct. 30, 2008, a federal district court in Massachusetts held that the ICC is a "tribunal" within the meaning of section 1782, and thus, the court had the statutory authority to order a person or entity within the US to provide documents or testimony for use in a foreign proceeding(here, an ICC proceeding). In this particular case, however, the court decided not to exercise its discretion to grant the discovery request until it received evidence that the ICC panel would be receptive to material obtained pursuant to section 1782. The growing body of law on this point highlights the importance of section 1782 as a strategic consideration for those involved in disputes outside of the US, if there is a person or entity in the US with evidence bearing on the issues, whether or not that person is a party to the proceedings outside the US.

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Client Alert | 4 min read | 04.10.26

CMS Finalizes Rate Notice for Medicare Parts C and D (CY 2027)

On April 6, 2026, the Centers for Medicare and Medicaid Services (CMS) circulated the Announcement of Calendar Year (CY) 2027 Medicare Advantage (MA) Capitation Rates and Part C and Part D Payment Policies (the CY 2027 Rate Announcement) to communicate Medicare Advantage (MA) capitation rates and Parts C and D payment policies. The Rate Announcement announces decisions regarding proposals initially published on January 26, 2026, in CMS’s CY 2027 Advance Notice for MA and Part D. The following is a summary of the most significant issues in the Rate Announcement, with further details below: ...