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Lawrence B. Friedman and Howard S. Zelbo, partners at Cleary Gottlieb Steen & Hamilton, review two recent federal rulings, one from the District of Massachusetts and the other from the Second Circuit, that add further fuel to the debate over whether U.S. courts can order discovery of non-parties in connection with an international arbitration. While the two decisions address different issues, both may have a significant impact on the extent to which U.S. companies may be exposed to third-party discovery in this context.
April 13, 2009 at 12:00 AM
1 minute read
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