Case of the Day: Republic of Ecuador v. MacKay

The case of the day is Republic of Ecuador v. MacKay (9th Cir. 2014). I am not going to write much about this case, because it is essentially the same as Republic of Ecuador v. Bjorkman (10th Cir. 2013) and Republic of Ecuador v. Hinchee (11th Cir. 2013). In all three § 1782 cases, the courts have now held that the 2010 amendments to FRCP 26(b)(3) do not give work product protection to a testifying expert’s materials.

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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