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Goodwin

A Brief Defense of COMI

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For a foreign proceeding to be recognized under the UNCITRAL Model Law on Cross-Border Insolvency (“Model Law”) and its offspring, chapter 15 of the Bankruptcy Code, the foreign proceeding must be either a foreign main...more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

Jones Day

JONES DAY TALKS®: Collective Actions in Spain: A Look Around and the View Ahead

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As part of a series of programs covering class action laws in jurisdictions around the world, and to supplement content found in Jones Day’s recent publication, Class Actions Worldview: Part I—United States and the European...more

Jones Day

JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union

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Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Akin Gump Strauss Hauer & Feld LLP

US Supreme Court Closes the Door on § 1782 Discovery in Aid of Foreign International Arbitrations

In a decision with global arbitral significance, the U.S. Supreme Court has now clarified that § 1782 discovery is not available in support of foreign private international arbitration proceedings. Parties subject to U.S....more

Robinson & Cole LLP

IP+T Intelligence Newsletter - Q2 2022

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Section 1782: Discovery in Support of a Foreign Proceeding - Recent years have seen attacks on the trade secrets and intellectual property of U.S. companies. While foreign governments, corporate espionage, and...more

Robinson & Cole LLP

Section 1782: Discovery in Support of a Foreign Proceeding

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This will be the first in a series of Legal Updates about international discovery and cross-border litigation. Companies embroiled in foreign litigation often forget about a powerful tool available in the United States....more

Akin Gump Strauss Hauer & Feld LLP

2021 Year in Review - Civil Fraud

Welcome to our 2021 round-up for civil fraud litigation, complex crossborder disputes and asset recovery. In this publication, we consider some of the key cases and developments in English law and practice from the past year...more

Morgan Lewis

A Word to the Worldwide: Is the Global Law Firm’s US Office the New ‘Discovery Central’?

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Suppose Ivan and Dmitri are litigating a contract dispute in a Russian court. Fred, a US resident, has a relevant email. 28 USC Section 1782(a) exposes him to discovery in aid of the Russian proceeding. A federal court may...more

Proskauer - Minding Your Business

Discovery Unlimited: The Supreme Court Set to Rule on Whether Parties to a Foreign Arbitration Can Order U.S. Discovery

The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private commercial arbitrations abroad pursuant to 28 U.S.C. § 1782.  The Court granted...more

Jones Day

Creative COVID-Time Deposition Procedure

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Depositions for proceedings before the Patent Trial and Appeal Board (PTAB) are usually taken in the U.S. See 37 C.F.R. § 42.53(b)(2), (b)(3). Furthermore, many foreign jurisdictions have restrictions on taking depositions...more

Seyfarth Shaw LLP

Second Circuit Weighs in on the Extraterritorial Application of 28 U.S.C. § 1782

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At the end of 2019, the Second Circuit finally weighed in on an issue that has divided federal courts considering applications for discovery pursuant to 28 U.S.C. § 1782, through which a litigant can obtain an order from a...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2020

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Title 28 of the United States Code § 1782 (“§ 1782”) has always been a powerful tool in the pursuit of evidence located in the United States for use in foreign proceedings, and it has been well understood for some time that §...more

Carlton Fields

Private Arbitrators Do Not Qualify as a “Tribunal” under 28 U.S.C. § 1782

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Section 1782 allows a district court to order a person who resides in the court’s district to provide testimony or documents to be used in a proceeding before a foreign tribunal. ...more

Pierce Atwood LLP

What You Need to Know About U.S. Law: Discovery in Aid of Foreign Proceedings.

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The article below is the second in a series regarding "What You Need to Know About U.S. Law." Attorneys from a variety of practice groups at Pierce Atwood will author similar articles in the coming months to educate our...more

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