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International Trade Electronic Discovery Civil Procedure

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

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

Feds Pose Privacy Risk by Grabbing Overseas ISP E-mails

by Pepper Hamilton LLP on

Microsoft Corp. is appealing the recent decision of U.S. District Judge Loretta A. Preska which requires the company to disclose the contents of e-mails stored at a data center in Dublin, Ireland, in compliance with a warrant...more

Microsoft Loses Round in Fight Over Email Held in Irish Data Center

Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails....more

Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?

by BakerHostetler on

Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications...more

United States International Trade Commission Amends Rules Concerning Discovery in Section 337 Investigations

The United States International Trade Commission (ITC) on May 15, 2013, issued a notice amending Rule 210.27 of its Rules of Practice and Procedure in Section 337 investigations. The amendments go a long way in attempting to...more

December 2012: ITC Update

ITC Proposes Modifications to E-Discovery Practices in Section 337 Investigations: This fall, the U.S. International Trade Commission (Commission) proposed changes to its rules governing discovery in Section 337...more

Corporate and Financial Weekly Digest - March 30, 2012

In this issue; - CFTC Approves Final Rule on Customer Clearing Documentation, Timing of Acceptance for Clearing, and Clearing Member Risk Management - Third Circuit Court of Appeals Limits Electronic Discovery Costs...more

R-E-S-P-E-C-T, Cross-Border E-discovery

Litigants navigating the conflict between U.S. discovery obligations and foreign data protection laws have a new ally, the American Bar Association (“the ABA”). The ABA recently passed Resolution 103, which “urges”...more

A New Approach To Cross-Border Discovery: The Sedona Conference’s International Principles

This article originally appeared in the February 2012 International Committee Newsletter. Of all issues in modern litigation, discovery of electronically stored information (ESI) remains one of momentous and ever-growing...more

Social Media, Cloud Computing and European Philosophy: An Examination of Proposed Amendments to Directive 95/46/EC and Their...

by James Sherer on

On November 4, 2010, the European Commission released a proposal for "a comprehensive approach on personal data protection in the European Union" (the "Proposal") which would modify current Directive 95/46/EC of the European...more

Third Party Discovery of Foreign Bank Records Should First Proceed Under the Hague Convention

Where U.S. litigation discovery obligations were argued to be in conflict with foreign civil and criminal privacy statutes, many recent opinions found that discovery should proceed under the Federal Rules over the protest of...more

UNIFIED and Project Counsel Launch eDiscovery/eDisclosure Document Review Center in London

by Gregory P. Bufithis, Esq. on

LONDON (September 29, 2010) – UNIFIED OS Ltd and Project Counsel SCS announced today the launch of their new document review center in London. The center is located in heart of the city in the UNIFIED corporate...more

South Africa publishes issue paper on electronic evidence in criminal and civil proceedings

by The Posse List on

The South Africa Law Reform Commission has approved the publication of its Issue Paper on “Electronic Evidence in Criminal and Civil Proceedings: Admissibility and Related Issues” for general information and comment. The...more

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