As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings. Specifically, §...more
In September, the Sedona Conference released its latest publication on e-discovery matters, Practical In-House Approaches for Cross-Border Discovery & Data Protection, for public comment. The publication addresses a number of...more
When faced with questions of corruption in a commercial dispute, New York courts and international arbitration tribunals have historically taken different approaches. In particular, questions often arise pertaining to...more
WHAT ROLE WILL THE GOVERNMENT OF VIETNAM PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT?
The Ministry of Planning and Investment (MPI) is the central administrative body that oversees all investment...more
WHAT ROLE WILL THE GOVERNMENT OF THAILAND PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT?
The Thai government regulates foreign direct investment by requiring foreign investors to obtain approval from the...more
The English High Court has clarified one aspect of service of English proceedings in Russia under the Hague Convention.
The English Courts remain an attractive venue for Russian related litigation. A claimant wishing to...more
Coordinating international depositions involves many steps and details. Depending on the country playing host to your depositions, there may be more or fewer steps to take. One of the first things to check is whether or not...more
In the case of Petter v EMC Corporation  EWCA Civ 828, the Court of Appeal has granted an injunction restraining non-compete proceedings in the U.S. In doing so, it overturned the High Court’s decision that we reported...more
On August 26, 2015, Justice Leitch held that the Ontario court does not have jurisdiction over foreign class members in Airia Brands Inc v Air Canada. Counsel on both sides of the class action bar should take note. For...more
Online Banking Patents Based On “Abstract Ideas” Held Patent Ineligible Under Alice -
In Intellectual Ventures I LLC v. Capital One Bank (USA), NA, Appeal No. 2014-1506, the Federal Circuit held that claims directed to...more
In April 2014, Germany extradited Romano Pisciotti, an Italian national, to the United States to face criminal charges related to his alleged participation in an international cartel in the marine hose industry. (Press...more
Although the Asia-Pacific (APAC) region is generally light on rules governing e-discovery, it transforms into a heavyweight contender when U.S. litigants must collect and review data there. With an accelerated rate of...more
What do dinosaurs and data have in common? While it may seem like a strange comparison, excavating a fossilized Tyrannosaurus Rex may not be all that different from finding the most relevant information in terabytes of data....more
The March 23, 2015 Memorandum of Guidance issued jointly by the Dubai International Financial Centre Courts (DIFC Courts) and the U.S. District Court for the Southern District of New York (SDNY Court) follows the same pattern...more
The Hague Convention could save time and expense on jurisdictional disputes and aims to streamline cross-border enforcement.
On 11 June, the Latvian presidency, on behalf of 27 of the 28 European Union (EU) member...more
There has been a sustained rise in investigations and enforcement actions taken by regulatory authorities in the wake of the financial crisis. As companies try to get back on track, internal investigations have also become...more
Action Item: Until there is appellate resolution of the preemptive effect of the Montreal Convention, airlines sued in state court over damages allegedly arising during the course of international transportation should...more
In an increasingly global economy, it is only natural to see a rise in complex and high-stakes international lawsuits. As a result, cross-border discovery issues are now commonplace, a staple of international litigation. ...more
Judge Kaplan of S.D. New York recently issued a preliminary injunction to enjoin ZTE from further disclosing information subject to a non-disclosure agreement (NDA) that ZTE had entered with Vringo to potentially settle...more
The head of the Department of Justice’s criminal antitrust unit called Monday for greater international cooperation in limiting the cost for companies to cooperate with investigators. Deputy Assistant Attorney General Brent...more
In The Hitchhiker’s Guide to the Galaxy, hapless Earthling Arthur Dent jams a Babel fish in his ear that gives him the ability to instantly understand anything in any language around the universe. If only global e-discovery...more
In a previous blog, we outlined the process of taking depositions of French citizens and third-country nationals before a diplomatic or consular officer of the United States. Depositions of French citizens and third-country...more
In copyright infringement action arising out of international release of song “Timber” by performing artists Pitbull and Kesha, district court dismisses claims against Sony Music Entertainment, which obtained license from...more
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
Lunkenheimer Co. v. Tyco Flow Control Pacific Party Ltd., 2015 WL 631045 (S.D. Ohio Feb. 12, 2015).
In this international civil case, an intervenor/counter-defendant sought to compel compliance with a discovery order for...more
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