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January 31, 2020 | New Jersey Law Journal

EU Privacy Argument Rejected in Battle to Identify Mercedes-Benz Document Custodians

U.S. Magistrate Joseph Dickson said a confidentiality order covering discovery sufficiently protects unredacted personal data of EU citizens.
3 minute read
January 09, 2020 | Legaltech News

GDPR-Based Objections to U.S. Discovery Requests: 2019 Year in Review

A look at what arguments parties put forth in the past year, and a few suggestions for how litigants can avoid violating one jurisdiction's law to satisfy another's courts.
6 minute read
August 22, 2019 | New York Law Journal

The Limits of Obtaining Discovery From U.S. Persons for Use in Foreign Proceedings

Parties to pending or contemplated foreign proceedings potentially can use 28 U.S.C. §1782 to obtain broad discovery from U.S. persons for use in their foreign proceedings. Courts will deny §1782 discovery, however, if the petitioner fails to establish that it satisfies certain mandatory requirements found in the language of the statute. In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision by U.S. District Judge Jed S. Rakoff denying a petition seeking §1782 discovery for failure to satisfy the statutory requirements.
10 minute read
August 22, 2019 | Legaltech News

The Limits of Obtaining Discovery From U.S. Persons for Use in Foreign Proceedings

In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision by U.S. District Judge Jed S. Rakoff denying a petition seeking §1782 discovery for failure to satisfy the statutory requirements.
10 minute read
September 22, 2017 | New York Law Journal

Australia and New Zealand Banking Group Ltd. v. APR Energy Holding Ltd.

Subpoena Seeking Documents for Australian Arbitration Quashed for Lack of Jurisdiction
3 minute read
September 27, 2016 |

VW to Foreign Plaintiffs: Quit Fishing and Do Your Own Discovery

On behalf of the secretaries and administrative assistants and file clerks of the world: discovery sucks. Which is why when foreign plaintiffs requested copies of all the documents--20 million pages--that Volkswagen has produced as part of multi-district litigation in San Francisco federal court, my initial reaction was 'Sure, hand 'em over.' Except it's not that simple
10 minute read
October 06, 2015 |

Hume v. Farr's Coach Lines, Ltd.

Jurisdictional Discovery Granted in Suit Arising From Tractor-Trailer's Collision With Tour Bus
1 minute read
August 13, 2015 |

Taiwanese Bank Told to Comply With Information Subpoena

Although bank accounts held outside New York cannot be frozen or seized to satisfy a New York judgment, an information subpoena can be used to determine where the accounts are located within the bank, a unanimous First Department panel has held.
3 minute read
December 17, 2014 |

Separate Entity Rule and Extraterritorial Discovery

Marshall Fishman, David J. Onorato and David Y. Livshiz discuss the Court of Appeals' recent ruling in 'Motorola Credit Corporation v. Standard Chartered Bank,' writing that now that the separate entity rule's existence has been expressly recognized by the Court of Appeals, attention will shift to the question of how far the rule will reach.
8 minute read

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