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Barriers to Overcome to Obtain International Discovery

International discovery is not as simple as merely issuing process to either obtain documents or testimony. Such discovery must be crucial to the pending action. Normally, the discovery is issued through a letter of request,...more

Current Developments in Cross-Border Litigation | Service of Process on a Foreign Party

In Lucero v. Wheels, Limited, 2023 WL 8622293 (5th Cir. Dec. 13, 2023), Plaintiffs sought to serve the defendant in India. Plaintiffs tried to serve through two international process service companies and the Central...more

Current Developments in Cross-Border Litigation | Enforcement Against Foreign Controlled Party Through Reverse Pierce of the...

Reverse piercing attaches liability for the judgment to a corporations’ owners and/or directors because they exercise complete dominion of the business, and such domination was used to commit a fraud against the plaintiff....more

Current Developments in Cross-Border Litigation | Recognition of Foreign Judgment

In Baikowitz v. Jacobson, Index No. 606292/2023 (Sup. Ct. Nassau Cty. Dec. 20, 2023), Plaintiff sought to enforce a Canadian default judgment in New York state court under the New York foreign judgment enforcement statute....more

Current Developments in Cross-Border Litigation | Discovery for Use in Foreign Proceeding Under Section 1782

28 USC Section 1782 allows an interested party for use in a pending or contemplated foreign proceeding to seek discovery in the US under certain factors outlined by the US Supreme Court....more

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