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Case of the Day: In re Alpene
The case of the day is In re Alpene, Ltd. (E.D.N.Y. 2022). Alpene, a Hong Kong corporation, had a treaty arbitration claim against Malta, and it arbitration under ICSID arbitration. It sought discovery from Elizabeth McCaul, a New Yorker, under Section 1782. The case raises a question left open in the Supreme Court’s ZF Automotive……
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Case of the Day: Palladian Partners v. Province of Buenos Aires
The case of the day is Palladian Partners, LP v. Province of Buenos Aires (S.D.N.Y. 2022). In 2018, Palladian obtained a German judgment against the Province of Buenos Aires, which had defaulted on euro-denominated bonds following the 2001 financial crisis. Now it seeks recognition and enforcement of the German judgment in the Southern District of……
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Case of the Day: In re VUZ-Bank JSC
The case of the day is In re VUZ-Bank JSC (W.D. Va. 2022). VUZ is a Russian bank. It sought discovery in Virginia for use in potential criminal proceedings in Dubai, that it said arose out of a fraud on the bank by Rus-AgroExport LLC, Hakan Holdings Ltd., and Hakan Agro DMMC. VUZ brought a……
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Case of the Day: SEC v. Knox
The case of the day is SEC v. Knox (D. Mass. 2022). The SEC brought a fraud case against Roger Knox. Knox had used entities allegedly owned by Michael Gastauer to launder the proceeds of the fraud. Michael had transferred some of the laundered money to his father, Raimund Gastauer, and to entities the SEC……
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Case of the Day: Berg v. Ciampa
The case of the day is Berg v. Ciampa (D. Mass. 2022). I wrote about the case in January 2022. According to the complaint, Oscar and Mary Nelson established an inter vivid trust for the benefit of their daughters, Mary Ann Birmingham and Elaine Ciampa. When Birmingham died, her daughters, Deborah Berg and Karen Bedenbaugh,……