United States Second Circuit

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Certain Funds Managed by Affiliates of Fortress Investment Group, LLC v. KPMG, LLP, 14-2838

In an ex parte application by investment funds, filed pursuant to 28 U.S.C. section 1782, to discover certain documents from defendant domestic and international accounting firms relating to audits conducted by their Middle Eastern affiliates, the district court's denial of the application is affirmed where: 1) assuming arguendo that the funds were "interested person[s]" in ongoing foreign proceedings, the funds did not establish that the evidence they sought was "for use" in those proceedings; and 2) the district court did not err in concluding that additional proceedings that funds asserted they intended to initiate were not "within reasonable contemplation" at the time the application was made.

Appellate Information

  • Decided 08/20/2015
  • Published 08/20/2015


  • Lynch


  • United States Second Circuit