In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover...more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Business Litigation ,
Commercial Arbitration ,
Discovery ,
Evidence ,
Foreign Jurisdictions ,
Foreign Tribunals ,
Forum ,
International Arbitration ,
International Litigation ,
Investor-State Arbitration ,
SCOTUS
Access to U.S.-style discovery under 28 U.S.C. Section 1782 in aid of a private, foreign arbitration has long been one of the most contentious areas of dispute under the statute. Until 2004, the law was fairly settled:...more
In Merrimon v. Unum Life Insurance Co. of America, 2014 WL 2960024 (1st Cir. July 2, 2014), the U.S. Court of Appeals for the First Circuit became the third circuit court to approve an insurance company’s use of a retained...more
7/22/2014
/ Class Action ,
Corporate Counsel ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Insurance Industry ,
Life Insurance ,
Money Judgment ,
Popular ,
Retained Asset Accounts ,
Reversal ,
Self-Dealing
2013 was a year in contrasts within data privacy. To begin with the “normal” course, Canada sought (but failed) to pass a mandatory breach notification amendment to its federal privacy law, and Uruguay acceded to the European...more
Ukraine privacy law is undergoing a dramatic shift with its introduction of new legislation, “On Amending Certain Legislative Acts of Ukraine Regarding Improving the System of Personal Data Protection,” enacted on July 3,...more
This fall, Canadian Parliament failed to pass proposed amendments to its federal privacy law that would impose a mandatory breach notification requirement. Bill C-12, originally introduced in 2010 and reintroduced in 2011,...more
On August 22, 2013, after four years of deliberation, the South African Parliament passed the first comprehensive data protection legislation in South Africa, the Protection of Personal Information (POPI) Bill. This Bill...more
Outside of the EU, concerns continue after the former NSA contractor Edward Snowden leaks demonstrated issues related to U.S. handling of European data. Beginning in July, 2013, the ongoing Transatlantic Trade and Investment...more
1. Costa Rica -
On March 5, 2013, Costa Rica’s data protection law, originally passed in 2011, came into force. The law, the Ley Protección de la Persona frente al tratamiento de sus datos personales, Law...more
1. China -
China’s Personal Information Protection Law Proposal was submitted to the State Council in 2008, which was followed by the Ministry of Industry and Information Technology’s non-binding Internet...more