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Legislative History Discovery

Proskauer - Minding Your Business

How Different Judicial Notice Rules Can Change an Outcome

Judicial notice is one of the less glamorous parts of motion practice. A request for judicial notice is typically a lower-priority background document, drafted towards the end of the brief-writing process, along with a notice...more

Mintz - Arbitration, Mediation, ADR...

28 U.S.C. §1782(a): Second Circuit Reinforces Appeals Court Split Concerning Applicability to Private Commercial Arbitrations

Just as the jurisprudential pendulum appeared to be swinging smoothly in one direction, the Second Circuit declined to get on board and instead pushed back to the future on July 8, 2020 in holding that federal courts may not...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Circuit Rulings Complicate Key International Arbitration Decisions

In regard to 28 U.S.C. § 1782(a), U.S. circuit courts split on what qualifies as a “foreign or international tribunal.” The breadth of U.S. discovery in foreign international arbitrations pursuant to 28 U.S.C. § 1782(a)...more

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