Case of the Day: Republic of Ecuador v. Hinchee

The case of the day is Republic of Ecuador v. Hinchee (11th Cir. 2013). I covered the case in the district court back in December 2012. You may want to read this post in conjunction with my post on Ecuador v. Bjorkman, a similar case in the Tenth Circuit.

As in Bjorkman, the main question was the scope of protection afforded expert witness materials under the work-product doctrine. So the concerns of the case are not all that relevant to Letters Blogatory readers. More interesting is the outcome: as in Bjorkman, Ecuador prevailed and should be able to make use of the Hinchee material in the BIT arbitration.

Next up: the MacKay case, a similar case pending in the Ninth Circuit, which was argued in December 2013. I predict a similar outcome.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2d ed. 2016), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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