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The Evidence Convention and Contemplated Proceedings
There is always something new to learn about the Evidence Convention! Recently I was consulted by a client for whom I had prepared letters of request. The case had settled, but the client expected a new, related case to be filed soon. Could we “get the ball rolling” by seeking issuance of letters of request……
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More on Rulemaking and Cross-Border Discovery: FRCP 28
My last post on the desirability of amending the Federal Rules of Civil Procedure to account for cross-border discovery got me thinking more about the topic. Let’s look at one of my favorite rules, FRCP 28. It’s little-known, but in some ways it’s the key rule for cross-border discovery practice. Rule 28 provides that that a……
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Article of the Day: Should the Federal Rules of Civil Procedure Be Amended to Address Cross-Border Discovery?
Zachary D. Clapton has a pointer to a new article by Michael M. Baylson and Steven S. Gensler on whether the Rules of Civil Procedure should be amended to account better for cross-border discovery. I do a lot of cross-border discovery, and so I have some thoughts. I know I called this post “article of the day,”……
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Case of the Day: United States v. Meta
The case of the day is United States v. Meta Platforms, Inc. (N.D. Cal. 2023). The Korean central authority made a request to the US central authority for judicial assistance under the Evidence Convention in aid of a Korean internet defamation lawsuit where the defendant’s identity was unknown. The letter of request sought technical and……
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Case of the Day: Sardini Group v. Imperial Pacific
The case of the day is Sardini Group, Inc. v. Imperial Pacific International (CNMI), LLC (D.N.M.I. 2023). I believe this is the first Letters Blogatory case of the day from the Northern Mariana Islands! Sardini sued Imperial Pacific for breach of contract, alleging it had failed to pay for design and engineering services for a……