Seiden Law Represents The Republic of Malawi in Pathbreaking Section 1782 Proceeding

On behalf of its client the Republic of Malawi, Seiden Law secured an order pursuant to 28 U.S.C. § 1782 to obtain discovery from Columbia Gem House Inc., a Washington State–based gemstone supplier, for use in Malawi’s contemplated criminal and civil proceedings related to unpaid royalties and taxes on gemstones mined in Malawi.  Malawi is seeking discovery from Columbia Gem House to help it investigate a scheme involving a mining company that allegedly underreported gemstone exports from the Chimwadzulu Hill ruby and sapphire mine, depriving the Malawian people of substantial royalties and tax revenues.

Malawi’s § 1782 application contained nearly 2,000 pages of original and secondary source materials, including license agreements, royalty agreements, critical meeting minutes, and other key mining reports from operations at the infamous ruby and sapphire mine located at Chimwadzulu Hill. The Court’s § 1782 Order authorized Malawi to issue subpoenas for both documents and deposition testimony to Columbia Gem House. Malawi believes that discovery provided by Columbia Gem House will provide great insight and aid its investigation, as Columbia Gem House had an exclusive agreement with a local mining company, Nyala Mines, for the rights to sell all rubies and sapphires originating from the mine. Additionally, Columbia Gem House had, and still has, a trademark on rubies from the mine at Chimwadzulu Hill, called “Nyala Rubies.” Nyala Rubies from the Chimwadzulu Mine can still be found being sold in the United States and in multiple other countries, including Canada and Australia.

Almost immediately after the filing of Malawi’s application, the Court sua sponte sealed the entire case, removing the public’s ability to access it.  In a recent and important development, the Court also granted Malawi’s motion to unseal the case, recognizing the strong presumption in favor of transparency in judicial proceedings. The Court held that Columbia Gem House did not demonstrate “compelling reasons,” as required in the Ninth Circuit under Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172 (9th Cir. 2006), to overcome the strong presumption of public access to judicial records in the United States. Critically, the Court noted that “by having access to the positions taken by each party and the Court’s ultimate rulings, the public will have accurate information about findings and conclusions made in this case.” By unsealing the record, the Court ensured that the public has access to accurate information about this matter.

These victories underscore the power of strategic, cross-border litigation to advance government accountability and recover assets for sovereign nations. They also highlight the vital role of § 1782 discovery as a tool for foreign governments seeking evidence located in the United States.

Columbia Gem House is currently seeking to vacate the Court’s § 1782 Order.  As of September 19, 2025, the parties finalized their submissions related to Columbia Gem House’s motion to vacate the Court’s § 1782 Order. Again, Seiden Law, on Malawi’s behalf, submitted nearly an additional 1,000 pages of original and secondary source materials to support Malawi’s investigative efforts to calculate the quantities and qualities of ruby and sapphire gemstones that were mined by Nyala Mines, originating from Chimwadzulu Hill from 2007 to 2021. The true quantities and qualities of ruby and sapphire gemstones that originated from Chimwadzulu Hill remain unknown.

Malawi’s § 1782 application and investigatory efforts were led by Senior Associate MarcAnthony Bonanno and Head of Litigation / Partner Amiad Kushner, along with Associate Peter Grabowski. The detailed work of Seiden Law’s lawyers demonstrates how careful advocacy and a global legal strategy can help level the playing field for nations seeking redress against powerful corporate actors. The Court’s order granting the application and the Court’s order granting Malawi’s motion to unseal can be found https://ecf.wawd.uscourts.gov/doc1/197111795042 and https://ecf.wawd.uscourts.gov/doc1/197111987644.