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October 07, 2020 | Law.com

What's Next: 'Taking Advantage of Movement': Facebook Hits Back on Diversity Shareholder Suit + Epic Games and Apple Not Sold on Jury Trial + Theranos Judge Chalks Up Additional Charges to Complexity of Case

Facebook says a shareholder derivative suit on corporate diversity is a "crass attempt to take advantage of that movement."
7 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
July 27, 2020 | Corporate Counsel

Crisis Management: From Anticipation to Action – Partnering for Success by Assembling a Top Notch Crisis Management Team

The COVID-19 global pandemic continues to prove that crises are often more encompassing than we desire or may be prepared to tackle, unless we have a plan, anticipate problems, and prepare our teammates for coordination and action.
10 minute read
July 20, 2020 | New York Law Journal

Tech May Be Global, But Laws Are Still Local: Limits in International Arbitration

In this technology column on Intellectual Property, Stephen M. Kramarsky discusses how the Second Circuit has clarified discovery limits in international arbitration.
7 minute read
May 27, 2020 | New York Law Journal

A Tale of Two Arbitral Sites: International Disclosure Slowly Expands

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss how courts have recently opened up new opportunities for obtaining evidence abroad for use in U.S. arbitrations, and within the United States for use in foreign arbitration proceedings.
9 minute read
May 15, 2020 | New York Law Journal

Court-Based Discovery in Aid of International Arbitration

In this Arbitration column, Samuel Estreicher discusses decisions that suggest we are likely to witness resort to discovery through the federal courts in a great many international arbitrations where the individual or entity from which documents or other information is sought has sufficient contacts with the Unites States to satisfy §1782's jurisdictional standards.
5 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 | Delaware Business Court Insider

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
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

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