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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 | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....