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Electronic Discovery International Trade Civil Procedure

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:

Encyclopedia Brown and the Fraudulent Font: New Data Types Continue to Play a Major Role in Investigations

by Exterro, Inc. on

As a kid, I loved the Encyclopedia Brown stories, which were about a boy who ran his own detective agency and solved mysteries (for a fee of 25 cents) that arose in his school and around town. One story I remember in...more

You Have to Be Certifiable to be Privacy Shield Approved: eDiscovery Trends

by CloudNine on

At a session at The Master’s Conference Chicago event this week, there was an entire session dedicated to international eDiscovery and privacy considerations. Some of the discussion centered around the General Data...more

Reporting From the EDRM-Duke Law 2017 Spring Workshop: eDiscovery Best Practices

by CloudNine on

This blog post is a little longer than most as there is a lot to cover here… This week, EDRM held its first Spring Workshop since it was acquired by Duke Law last August, which means this was the first workshop held at...more

Everything You Need to Know about Buying eDiscovery (eDisclosure) Systems: eDiscovery Trends

by CloudNine on

If you ever wanted to know how many providers there are in the eDiscovery (eDisclosure) space, what services they provide and where they fit in the EDRM model, this is as comprehensive a guide as you can find....more

New Survey Says 75 Percent of Respondents Unfamiliar with China’s New Cybersecurity Law: eDiscovery Trends

by CloudNine on

Are you familiar with it? According to a survey conducted by Consilio and released earlier this week, 75 percent of legal technology professionals responding to the survey indicated that they are not familiar with...more

Costs not to be considered when assessing whether Part 36 offer has been beaten

by Allen & Overy LLP on

Transocean Drilling UK Ltd v Providence Resources Plc [2016] EWHC 2611 (Comm), 20 October 2016 - An assessment of whether a Part 36 offer has been beaten at trial does not involve any consideration of the extent of the...more

Second Circuit Rules that Federal Warrants Do Not Apply to Electronic Information Stored Overseas

by Bracewell LLP on

On July 14. 2016, the Second Circuit ruled that the government cannot lawfully use a search warrant to compel access to consumer data stored by Microsoft Corporation (Microsoft) overseas. In its decision, the court overturned...more

Decision Holds That Search Warrant Cannot Compel Data Stored Overseas

by Morgan Lewis on

The landmark ruling is the first by a federal court of appeals to address the extraterritoriality of the Stored Communications Act. Microsoft and other US-based internet service providers won a major victory on July 14...more

English Court Approves Use of Predictive Coding

by Morgan Lewis on

The English High Court recently permitted a party to use predictive coding technology in a contested application. Only a few months ago in Pyrrho Investments Ltd and another v MWB Property Ltd and others (2016) EWHC...more

Current Issues in U.S. Litigation Discussed at Korean CLE Seminar

by Planet Depos, LLC on

On April 15, 2016, a select group of Korean patent and intellectual property attorneys convened at the Ritz Carlton Hotel in Seoul for a continuing legal education seminar entitled “Current Issues in U.S. Litigation.” The...more

Disclosure in a digital age – How reforms and technology can reduce the costs of disclosure in arbitration and court

by Reed Smith on

Managing the cost of litigation to business remains one of the toughest issues confronting any lawyer today. As the challenge of keeping costs proportionate seemingly gets more difficult by the day, we consider the impact of...more

Privacy Law, Cross-Border Data Flows, and the Trans-Pacific Partnership Agreement: What Counsel Need to Know

by King & Spalding on

Privacy law has become such a hot-button issue that it now finds its way into multilateral trade treaties like the Trans-Pacific Partnership Agreement (TPP or Agreement). On November 5, 2015, the U.S. Trade Representative...more

Judges Examine Key Differences between U.S. and European E-Discovery

by Exterro, Inc. on

Exterro’s inFusion `15 user conference kicked off with a fascinating keynote on the differences between e-discovery laws in the U.S. and Europe. What made the discussion so interesting was that it featured two judges with a...more

New York Appellate Court Limits Application of “Separate Entity Rule” in Post-Judgment Discovery Context

by White & Case LLP on

In In re B&M Kingstone, LLC v. Mega International Commercial Bank Co., Ltd.,1 the New York Supreme Court, Appellate Division, First Department, held that the “separate entity rule” does not insulate a non-US bank’s New York...more

New York court orders worldwide discovery from Spanish bank

by DLA Piper on

In a recent decision that is now on appeal, a New York federal judge ordered a Spanish bank that maintained a New York branch to make inquiry of “all branches, within and without New York State,” for account information that...more

Court Declines To Order Discovery For Foreign Proceedings

by Morris James LLP on

Sleet, J. Petitioner’s application for leave to take discovery pursuant to 28 U.S.C. § 1782 from respondent, a Delaware corporation, for use in foreign litigation is denied....more

No Early Peek of Cross-Examination Documents - TD Ameritrade Holding Corp. v. Trading Techs. Int’l, Inc.

by McDermott Will & Emery on

Addressing patent owner’s challenge to the accuracy of the translation of a foreign language reference that was relied upon in a petition for covered business method (CBM) review, the U.S. Patent and Trademark Office’s...more

SEC Sanctions Chinese Accounting Firms for Refusal to Surrender Documents

by McDermott Will & Emery on

On February 6, 2015, the U.S. Securities and Exchange Commission (SEC) imposed sanctions against four China-based accounting firms for their refusal to surrender documents in conjunction with an investigation of potential...more

China Auditor Update: SEC and Chinese Audit Firms "Settle" for the Status Quo

by Reed Smith on

In an Order of Settlement released February 6, 2015, the SEC agreed to stay the administrative action against the Chinese affiliates of the “Big Four” accounting firms for refusing to turn over their audit work papers...more

Expanded Disclosure Remedies for Claimants in International Cases Heard in England?

by Dechert LLP on

A valuable remedy open to a party in English civil proceedings is to seek a Norwich Pharmacal order. Such orders require a respondent to disclose certain information or documents to the applicant. The respondent party need...more

How Seriously Do Foreign Governments Treat Their Own Secrecy and Blocking Statutes?

The U.S. District Court for the Southern District of New York issued an interesting comity decision on whether U.S. courts should defer to foreign countries’ secrecy and blocking statutes when considering motions for...more

In re Application of Owl Shipping: Does § 1782 permit discovery to aid foreign arbitral proceedings?

by BakerHostetler on

The District of New Jersey has issued a recent opinion highlighting a potential resource for parties engaged in foreign arbitral proceedings – the use of 28 U.S.C. § 1782, which allows parties engaged in foreign proceedings...more

Delaware Chancery Clarifies Discovery Obligations of Domestic Affiliate of Foreign Company

by Katten Muchin Rosenman LLP on

The Delaware Court of Chancery recently held that, for purposes of responding to a non-party subpoena, documents held by the foreign affiliate of a US corporation were not within the US corporation’s “possession, custody, or...more

Recent Appellate Decisions Limit Access To Customer Assets Held At Foreign Bank Branches

by Proskauer Rose LLP on

On October 23, 2014, the New York Court of Appeals held for the first time that, under New York law, the "separate entity" rule prevents a court from ordering a foreign bank operating branches in New York from restraining a...more

The Second Circuit Limits the Power of Courts to Enforce Asset Restraints and Discovery Orders Against Foreign Banks: Tiffany (NJ)...

by White & Case LLP on

In Tiffany (NJ) LLC v. China Merchants Bank and Gucci America, Inc. v. Bank of China, the US Second Circuit Court of Appeals issued important rulings, confirming that the limits on the exercise of US general jurisdiction, set...more

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