Frank Silvestri, Jr.

Verrill

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Connecticut Supreme Court Rejects Tough Delaware Standard in Allowing Member Inspections of Manager-Managed LLC Books and Records...

Before allowing the inspection of corporate books and records, Delaware courts require a shareholder seeking information about possible mismanagement to come forward with evidence demonstrating a reasonable basis to suspect...more

11/23/2021 / Business Litigation , Corporate Records , Limited Liability Company (LLC) , Operating Agreements , Shareholders , State and Local Government

Domestic Discovery for Foreign Arbitrations? – Now It’s the Supreme Court’s Turn

In two earlier posts, I described the Circuit split over the question of whether a foreign private arbitration panel is a “foreign or international tribunal” for purposes of 28 U.S.C. § 1782. (Read: Domestic Discovery for...more

3/24/2021 / 28 U.S.C. § 1782 , Arbitration , Discovery , Foreign Arbitration Clauses , Foreign Tribunals , International Arbitration , SCOTUS , Split of Authority

Domestic Discovery for Foreign Arbitrations? Now Three Circuits Say “No”

Earlier this month I posted a short piece describing a two-to-two circuit split on the question of whether a foreign private arbitration panel is a “foreign or international tribunal” for purposes of 28 U.S.C. § 1782, which...more

9/25/2020 / 28 U.S.C. § 1782 , Appeals , Arbitration , Discovery , Foreign Arbitration Clauses , Foreign Tribunals , International Arbitration , Split of Authority , Statutory Interpretation

Domestic Discovery for Foreign Arbitrations? Location, Location, Location!

International transactions can generate international disputes. A party to a lawsuit in one country may believe that a non-party in another country has information that could be put to good use in the case. Someone being sued...more

9/3/2020 / Discovery

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