Partner T. Markus Funk Authors Second Revised and Expanded Edition of Mutual Legal Assistance Treaties and Letters Rogatory Guidebook

DENVER (April 29, 2024)—Perkins Coie partner T. Markus Funk has authored the second revised and expanded edition of his international litigation guidebook on Mutual Legal Assistance Treaties and Letters Rogatory: Obtaining Evidence and Assistance from Foreign Jurisdictions. This comprehensive resource, designed for legal professionals, judges, federal court personnel, commentators, and individuals interested in litigation, provides invaluable practical insights into the complex process of obtaining evidence and assistance from foreign jurisdictions.

First published in 2014 by the Federal Judicial Center to provide official guidance to federal judges at all levels, from magistrates to the U.S. Supreme Court, the guidebook has been cited in dozens of top-tier law review and journal articles and textbooks in the U.S. and abroad.

The latest edition offers an overview of the statutory schemes and procedural matters that distinguish mutual legal assistance treaties and letters rogatory. It further delves into the legal issues that arise when the prosecution, the defense, or a civil litigant seeks to obtain evidence from abroad as part of a criminal or civil proceeding. The expanded second edition also includes a new analysis of the Clarifying Lawful Overseas Use of Data (CLOUD) Act's impact on obtaining foreign evidence.

"Events of the past few years have only heightened awareness of the many legal complexities linking the U.S. and foreign justice systems, so I am pleased to contribute updated guidance on this important topic as the need to obtain evidence and assistance from foreign jurisdictions in civil and criminal cases is steadily growing," said Funk. "The second edition, published a decade after the first, both updates and expands on real-world best practices in this evolving area of the law."