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Personal Jurisdiction Foreign Jurisdictions

Robinson & Cole LLP

IP+T Intelligence Newsletter - Q2 2022

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Section 1782: Discovery in Support of a Foreign Proceeding - Recent years have seen attacks on the trade secrets and intellectual property of U.S. companies. While foreign governments, corporate espionage, and...more

Conn Kavanaugh

Case Study: Plaintiff Unable to Establish Jurisdiction Over Global Law Firm in Nevada

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A recent decision from the U.S. District Court for the District of Nevada highlights the importance of analyzing whether a defendant law firm has a viable jurisdictional defense, even when the law firm has a global footprint....more

White & Case LLP

Anti-enforcement injunctions: Court of Appeal protects its jurisdiction over English assets

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The Court of Appeal has granted an anti-enforcement injunction restraining a US company from taking steps to enforce a US judgment in the US courts where such enforcement exorbitantly interferes with the jurisdiction of the...more

McDermott Will & Emery

Sixth Circuit Changes Landscape of Discovery in Aid of International Commercial Arbitration

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There has been considerable debate about what qualifies as a “tribunal” under 28 U.S.C. § 1782(a), which enables courts to order discovery from a party or non-party for use in a proceeding before “a foreign or international...more

Proskauer - Minding Your Business

“Ain’t No River Wide Enough”: Second Circuit Says No Per Se Bar to Extraterritorial Application of Section 1782

This month, the Second Circuit weighed in on open issues relating to discovery under 28 U.S.C. § 1782. Section 1782 allows federal courts to order entities that “reside[] or [are] found” in their district to produce evidence...more

Epiq

You Can’t Always Get What You Want

Epiq on

Courts have consistently exercised discretion when allowing discovery in foreign proceedings under the 1782 discovery statute. A foreign tribunal or interested party in a foreign proceeding must petition the appropriate...more

Mintz - Arbitration, Mediation, ADR...

Federal Courts Should Rethink the Personal Jurisdiction Requirement of 28 U.S.C. § 1782

The increasingly popular federal statute concerning cross-border judicial assistance, 28 U.S.C. § 1782, enables a District Court to order a “person” that “resides or is found” within its jurisdiction to produce evidence for...more

Jones Day

Second Circuit: Discovery Statute Reaches Documents Held Overseas by U.S. Entities - Multinational corporations with U.S....

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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

Ballard Spahr LLP

Federal Court Applies SPEECH Act to Declare Foreign Libel Injunction Unenforceable in the United States

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A federal district court in California has declared that an Australian injunction censoring an American advocacy organization—Electronic Frontier Foundation (EFF)—is repugnant to U.S. law and public policy and is, therefore,...more

McDermott Will & Emery

Concerted Actions with Sister Company in Finland Result in Delaware Jurisdiction

McDermott Will & Emery on

Addressing personal jurisdiction over a foreign defendant, the US Court of Appeals for the Federal Circuit found that concerted actions occurring in a foreign jurisdiction but directed at Delaware were sufficient minimum...more

Morris James LLP

Delaware Developing Solid Record of "Staying in Its Lane"

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Chief Justice Leo E. Strine Jr. has been known to be fond of the concept of "staying in your lane," (i.e., sticking with what you know). In the judicial arena, staying in your lane usually means deciding cases that require...more

King & Spalding

International Litigation Update: Second Circuit Clarifies Rules Governing Extraterritorial Application of RICO and Definition of...

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In a series of recent decisions, the U.S. Supreme Court has sought to restrict plaintiffs’ ability to apply U.S. law to, and to bring claims in the U.S. courts based on, extraterritorial conduct. In Morrison v. National...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Holds That Non-U.S. Corporations Are Subject to General Personal Jurisdiction in U.S. States Only in...

In Daimler AG v. Bauman, No. 11-965, 2014 U.S. LEXIS 644 (U.S. Jan. 14, 2014) (Ginsburg, J.), the Supreme Court of the United States held that a court may not exercise general personal jurisdiction over a non-U.S. corporation...more

Orrick, Herrington & Sutcliffe LLP

World in US Courts Special Edition: January 2014 - New US Supreme Court Decision Limits Suits Against Non-US Corporations

In prior reports, we have covered significant US court decisions addressing personal jurisdiction—the question whether, even if it is clear that certain claims may be raised in a US litigation, a particular individual or...more

King & Spalding

International Litigation Update: Developments Concerning the Alien Tort Statute and Personal Jurisdiction

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In the span of less than a week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., a decision concerning the reach of the Alien Tort Statute, and granted certiorari in Bauman v....more

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