Lavecky v Visa Inc

In the case of Lavecky v Visa Inc, the applicants, former directors and shareholders of Pure Commerce, sought the endorsement of their application for orders under § 1782 of Title 28 of the United States Code to obtain documents from Global Payments Inc, Jefferies LLC, and Atos SE. These documents were intended to assist in their proceedings against the respondents, who were implicated in Visa’s alleged anti-competitive conduct. The applicants argued that their opportunity to sell their shares in Pure Commerce at a higher price in 2010 was lost due to the respondents’ actions, and they sought documents held by the third parties to substantiate their claims.

The central legal issue before the court was whether to endorse the applicants’ proposed applications under § 1782, given the principles of case management and the potential for these applications to be considered fishing expeditions. The court had to weigh the significance of the sought documents against other potential means of obtaining them and consider the costs and proportionality of the proposed applications.

The court concluded that approval should be granted with a minor condition. The importance of the documents to the applicants’ case was highlighted, as they pertained to the alleged loss of specific opportunities in 2010. The court considered that there were no other readily available methods for obtaining these documents, and the proposed applications were not frivolous or obviously doomed to fail. Additionally, the court reasoned that the applicants should provide the respondents with the proposed applications and supporting materials at least 21 days before filing in the United States, ensuring the respondents were adequately informed and could respond if necessary.

In conclusion, the court made an order approving the applicants’ proposed applications under § 1782, subject to the condition that the respondents be served with the applications at least 21 days prior to their filing in the United States. The court also ordered that the costs of the hearing on 11 April 2017 be costs in the cause.