SDNY grants discovery motion in HSBC Securities Services Ex parte application

HSBC Securities Services (Luxembourg) S.A. filed an ex parte application under 28 U.S.C. § 1782 seeking a court order to conduct discovery in the Southern District of New York.

The application aims to obtain evidence from parties located in the district for use in foreign proceedings. The case, docket number 26-mc-00109, remains active but has not yet been assigned to a judge. On May 12, 2026, the court issued an order on the motion for discovery, signaling progress but leaving key questions unresolved.

The order likely addresses the scope and limits of the discovery HSBC may pursue, reflecting the court's role in balancing the interests of foreign litigants and U.S. parties. The case tests the boundaries of Section 1782, which allows U.S.

courts to assist foreign tribunals by compelling evidence from within their jurisdiction. The outcome will affect how aggressively foreign entities can use U.S. discovery tools in cross-border disputes.

Watch for the court’s assignment of a judge and any further orders clarifying discovery parameters. These steps will shape whether HSBC can access the requested materials and how the court manages the interplay between U.S. discovery rules and international litigation.