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New article on the US Reception of Private International Law Conventions
HT to Conflict of Laws.net for a link to a new paper by Hannah L. Buxbaum on the reception of private international law conventions, including the Hague Service, Evidence, and Apostille Conventions and the New York Convention, in the United States. The paper is available on SSRN. The paper focuses on the ways in which……
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Case of the Day: SEC v. Tourre
Our Case of the Day is SEC v. Tourre (S.D.N.Y. 2011). Fabrice Tourre was a key player in the Goldman Sachs CDO story. The allegation was that Goldman Sachs sold collateralized debt obligations to its clients and then bet that the CDOs would fall in price. For those interested in the underlying allegations, here is the seminal 2009 article from……
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USLW on Hereaus Kulzer v. Biomet
U.S. Law Week reported yesterday on the Heraeus Kulzer v. Biomet case, which we covered on January 25. I’m quoted as saying that the judicial assistance statue was intended to encourage other countries to liberalize their own law regarding discovery, and that “that effort has largely failed.” Germany (where the case arose) is a case in……
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Service By Mail Revisited
A few Letters Blogatory cases of the day have involved service by mail or by private delivery service. Service by mail is inexpensive; it provides pretty good assurance that the defendant has in fact received the papers served; and states need not permit service by mail if they have an objection to the use of……
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Update on UNCITRAL Working Group II meeting
We’ve reported a few of times on investment treaty arbitrations (the Argentina v. BG Group case, and the judicial assistance applications arising out of the Lago Agrio litigation, here and here). These arbitrations raise issues of public concern that are typically not present in traditional private arbitration, and therefore, there has been talk of a……