The U.S. Supreme Court has held that 28 U.S.C. § 1782 authorizes discovery to assist only governmental or intergovernmental adjudicative bodies, and not private adjudicative bodies like the international commercial and ad hoc...more
6/15/2022
/ 28 U.S.C. § 1782 ,
AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States ,
Arbitration ,
Business Disputes ,
Business Litigation ,
Commercial Arbitration ,
Discovery ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
Popular ,
SCOTUS ,
UNCITRAL ,
ZF Automotive US Inc v Luxshare Ltd
New York's novel mandatory disclosure requirement is more extensive than what is required by its federal counterpart, mandating the disclosure of a litany of "information and documentation," accompanied by affidavits from a...more
Interpreting a key statutory provision for cross-border discovery, on July 8, 2020, the Second Circuit held that parties to a private international arbitration cannot obtain discovery in the United States in aid of that...more
The U.S. Court of Appeals for the Second Circuit recently ruled that a New York-based affiliate of a global financial institution could be forced to produce documents for use in foreign proceedings even if those documents...more
A recent decision by the New York Commercial Division held that the Private Securities Litigation Reform Act's automatic stay of discovery pending a motion to dismiss applies to Securities Act claims pursued in state court,...more
8/21/2019
/ Automatic Stay ,
Class Action ,
Commercial Court ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Discovery ,
Jurisdiction ,
Motion to Dismiss ,
NY Supreme Court ,
Private Securities Litigation Reform Act of 1995 ,
PSLRA ,
Securities Act of 1933 ,
Securities Litigation ,
SLUSA ,
Stays
The NY courts are focusing on the appropriateness of discovery sought regardless of the technology in which it is contained.
As the New York appellate courts continue to consider the discoverability of social media, on...more
This is a significant decision, given how often non-U.S. clients entrust U.S. law firms with their documents.
On July 10, 2018, the U.S. Court of Appeals for the Second Circuit ruled that law firm Cravath need not divulge...more
On February 13, 2018, the New York Court of Appeals ruled unanimously that a user's "private" Facebook messages and photos are subject to disclosure where that information is "reasonably calculated to contain evidence...more