Non-Parties

News & Analysis as of

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

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

Business Law Newsletter - January 2014

In This Issue: - Minority Shareholder Rights in Virginia - Revisions to Federal Non-Party Subpoena Power (Rule 45): Streamlining and Simplifying Outdated Procedures, Effective December 1, 2013 - Common...more

Revisions to Federal Non-Party Subpoena Power (Rule 45): Streamlining and Simplifying Outdated Procedures, Effective December 1,...

For the first time since 1991, substantive changes have been made to the Federal Rule of Civil Procedure governing subpoenas effective December 1, 2013. There are five major revisions which were made in an attempt to...more

M&A Agreements: Limitations on Contractual and Extra-Contractual Liabilities©

In This Issue: - Perspective - Pre-Signing Definitive Documents - Between Sign and Close - Post-Closing: Fraud Claims - Post-Closing: Survival Clauses - More on Fraud: Not all Erroneous Statements of...more

While You Are Gorging — FRCP 45 (Non-Party Subpoenas) Changes Take Effect 12/1/13

When we all return to work from Thanksgivukkah weekend, Federal Rule of Civil Procedure (FRCP) 45, governing non-party subpoenas, will have changed, effective December 1, 2013. To review the new content, follow one or both...more

Court Goes To The Dictionary To Establish Liability For A Non-Party

Even if you aren’t the actual plaintiff in a lawsuit you can still be personally liable for breach of a covenant not to sue. It’s easy! Sign a release in your individual capacity, cause an entity you control to bring a...more

Recent Decisions Enforcing Arbitration Provisions

For banking executives and in-house counsel, arbitration can be a preferable alternative to litigation to avoid costly trials and home-town advantages. In this article, we highlight four recent court decisions that affect the...more

Court Holds Non-Parties May Enforce Arbitration Agreement Even Though The General Rule Is That They Can’t

The Financial Industry Regulatory Authority, more commonly known as FINRA, has adopted a Code of Arbitration for Customer Disputes (FINRA has a separate code for industry disputes). Under FINRA’s Customer Code, a claim by or...more

Non-Party Employer Made to Pay Costs in Restraint Litigation

On 1 May 2013, the Supreme Court of New South Wales handed down judgment in HRX Pty Ltd v Scott [2013] NSWSC 451 (HRX v Scott). In doing so, the Court sent a clear message to employers about the risks associated with...more

Subpoena of AOL Senior Executive Under the "Apex Rule" Disallowed Absent Special Knowledge

In Daou v. Huffington, No. 651997/2010 (N.Y. Sup. Ct., N.Y. Cnty. Feb. 14, 2013), the Supreme Court (J. Ramos) granted nonparty Timothy Armstrong’s (“Armstrong”) motion to quash a subpoena served on him by political...more

REGULATORY: FERC: D.C. Circuit Affirms FERC’s Authority to Grant Mobile-Sierra Protections to Non-Contract Rates

On February 15, 2013, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion upholding the authority of the Federal Energy Regulatory Commission (“FERC”) to grant protections similar to those offered...more

Subpoenas To Non-Parties: A Few Ground Rules

If you are in NC state court and want to take the deposition of an out-of-state non-party, the Order last week in Out of the Box Developers, LLC v. Logicbit Corp. carries a few lessons. Serving A Subpoena. You can't...more

Burr Alert: Doctrinal Split Over Nonparty Discovery In Arbitration Continues

The Federal Arbitration Act (FAA) was enacted to ensure the enforceability and validity of arbitration agreements. Through the enactment of this sweeping legislation, Congress signaled its approval of arbitration as a form of...more

The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act

Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more

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