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November 09, 2020 | New York Law Journal

Second Circuit Stands Its Ground in Construing 28 U.S.C. §1782

  Ever since the Supreme Court in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004) sanctioned a liberal interpretation of 28…
10 minute read
October 27, 2020 | Law.com

Latham, Skadden Continue to Lead in Semiconductor Space With $35B Merger Between AMD and Xilinx

The deal is the second largest in the history of Big Chip and shows AMD's interest in 5G wireless communications moving forward.
3 minute read
September 01, 2020 | Daily Report Online

Circuit Split Deepened by Second Circuit's 'Functional' Test Application in Recent Section 1782 Ruling 

Identically-situated parties seeking discovery in support of arbitration before the same private tribunal will receive different receptions in the Second and Fifth Circuits than in the Sixth and Fourth Circuits. Litigants before the Eleventh Circuit and elsewhere will be writing on a blank jurisprudential slate.
6 minute read
May 10, 2020 | New Jersey Law Journal

Definition of 'Tribunal' Needed, One Way or Another

The question has been whether a "foreign or international tribunal" included arbitration proceedings.
4 minute read
April 22, 2020 | Legaltech News

On the Horizon: Upcoming International E-Discovery Challenges to Watch

While regulatory requirements are increasing, technology is evolving and companies have more data than ever stored around the world, creating an increased risk of noncompliance.
5 minute read
April 21, 2020 | The Recorder

Recent US Federal Court Ruling Permits Discovery in Aid of CIETAC Proceeding

The U.S. District Court for the Northern District of California has permitted a party in an international commercial arbitration to take depositions and obtain documents from third parties for use in arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing.
9 minute read
December 10, 2019 | Daily Business Review

Sixth Circuit: Section 1782 Applies to Private Commercial Arbitration

Section 1782 allows foreign litigants to obtain evidence through a federal U.S. district court "for use in a proceeding in a foreign or international tribunal."
4 minute read
December 03, 2019 | New York Law Journal

'ALJ v. FedEx': What Comes Next for §1782?

While the 'ALJ v. FedEx' decision has prompted concern in some corners that U.S.-style discovery will corrupt private international arbitration, the reality is much more nuanced.
10 minute read
November 25, 2019 | New York Law Journal

Introduction to the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration at New York Arbitration Week

What Wednesday's discussion made clear is that the substantial value of the Restatement extends beyond statements of the law themselves to the Reporters' comments that follow and further elucidate them.
6 minute read
November 22, 2019 | New York Law Journal

Section 1782 Applications in International Arbitration and Award Enforcement Proceedings: What Practitioners Need To Know

This article examines the instances in which §1782 can be used in support of both international arbitrations and foreign award enforcement proceedings, as well as its extraterritorial reach.
8 minute read

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