How We Help Clients Obtain US Disclosure and Subpoenas

Many UK online defamation cases involve US-based platforms, meaning that obtaining key information often requires navigating American law rather than UK law. The US has a complex mix of federal and state rules that vary widely by jurisdiction, mistakes at the outset can waste time and money and, in defamation cases, risk further reputational harm.

When to use federal law and when to use state law

Our experience and practical approach

A seamless service for cross border internet cases

Navigating the challenge of choosing the right attorney in a foreign country

Deciding between a Norwich Pharmacal order, a US subpoena or filing a claim in a particular state

How to begin

When to use federal law and when to use state law

The starting point is to identify who holds the data and where that company is legally based. In some cases, a federal court is the most effective route, particularly where a specific federal mechanism can be used to obtain discovery in support of foreign proceedings or to enforce foreign orders, such as a Norwich Pharmacal Order.

In other situations, the platform is firmly anchored within a particular state and will only respond to a subpoena issued by that state’s courts, although it may allow for the domestication of foreign orders, with “foreign” in some states meaning another US jurisdiction rather than another country. Many local US courts have little or no experience of orders domesticated from overseas, the process often requires careful guidance from an attorney familiar with this specialised area of work.

Our experience and practical approach

Our firm specialises in disclosure applications and subpoenas across the United States. Together with firms in the US, we study the platform’s structure, decide which court has power over it and identify the fastest and the most strategic route to file the case and to obtain the information you need. Defamation cases are often won on strategic grounds, not only on the perceive strength of a particular case.

Over many years, we have built strong working relationships with attorneys, granting our clients access to legal advice in the USA. Our network covers all major states and many smaller jurisdictions, including smaller, suburban court houses. This allows us to take swift action, file urgent papers and speak directly to local counsel who understand how each court handles disclosure.

We often work with international clients who need to secure data from US based platforms before they can start or continue a case in the UK or elsewhere. We guide each client through the options, explain what evidence they need and are able to secure, and manage the entire process from preparing the application to securing the final disclosure.

A seamless service for cross border internet cases

Our US disclosure service is designed to remove the uncertainty clients often face when dealing with American platforms. We assess your case, identify the data holder, select the appropriate state or federal route and move quickly to secure the disclosure you need, drawing on our experience across online harassment, anonymous defamation, hacked accounts, copyright violations and other forms of internet wrongdoing, wherever in the US the platform is based.

Navigating the challenge of choosing the right attorney in a foreign country

Many clients feel unsure when they first look at the US legal market. The country has thousands of attorneys and law firms and each state has its own qualification rules, court structure and billing practices. It can feel difficult to know who to trust, how to judge experience or how to manage costs in a foreign system.

Unfortunately, we have too often seen attorneys take on UK-linked cases that fall outside their expertise, while clients remain unaware of those limitations.

We remove that uncertainty by working with a trusted network of US lawyers across multiple states who handle disclosure and subpoena work on a daily basis and understand the local courts, judges and procedures. We carefully match each case to the right attorney, manage all communication, agree the scope of work in advance and set clear budgets so you understand the likely costs from the outset.

By guiding the choice of US counsel and overseeing the process, we provide a single, clear point of contact, sparing you the need to compare firms, navigate unfamiliar fee structures or face unexpected bills, and allowing you to focus on securing the evidence you need.

Deciding between a Norwich Pharmacal order, a US subpoena or filing a claim in a particular state

Clients often ask whether it is better to obtain a Norwich Pharmacal order in the UK and then try to domesticate it in the United States, or whether they should go straight to a US subpoena, or even file a claim in a specific state when the matter involves defamation.

Each option has strengths and limits. A Norwich Pharmacal order can help gather early evidence in the UK, but some US platforms do not recognise foreign orders and will refuse to comply unless a US court domesticates the order. In those cases, you may need to take the UK order to the correct federal or state court in the United States so the court can give it force.

Sometimes, it would be more economical for you to skip the UK part of the disclosure process and go for a straight US disclosure subpoena. We should be able to advise you on this on a case by case basis. A direct US subpoena can often move faster, but only if the court has proper power over the platform.

This makes the choice of state crucial. Filing a claim in a particular state may be effective for defamation cases, especially where the platform or wrongdoer has strong links to that state, but it can also increase cost if not handled carefully. We aim to help our clients understand these choices with clear guidance.

How to begin

If you believe a US based platform holds information that can help your defamation case, speak with us. We can assess your position and advise on the most efficient and effective way to secure disclosure. Our goal is to give you clarity, control and confidence when dealing with complex US laws.

We stand ready to support you with a proven approach and an unmatched network across the United States. With our help, you can obtain the evidence you need and move your case forward with certainty.

Norwich Pharmacal Orders, US Disclosure and Subpoenas, USA defamation

Hits: 26