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Case of the Day: Receivers of Sabena v. Deutsche Bank
The case of the day is Receivers of Sabena SA v. Deutsche Bank AG (N.Y. App. Div. 2016). Sabena, before it became insolvent, was Belgium’s national airline. It provided airplane maintenance services to Sudan Airways Ltd. In 1997, to pay for some services Sabena had provided for its planes, Sudan Airways initiated an electronic funds……
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Case of the Day: Microsoft v. United States
The case of the day is Microsoft Corp. v. United States (2d Cir. 2016). The government issued a subpoena to Microsoft under the Stored Communications Act, 18 U.S.C. §§ 2701 et seq. The subpoena sought the production of data that was stored on servers in Ireland. The holding of the case is that in these……
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FRCP: Minor Amendment to Rule 4
The Supreme Court has adopted an amendment to FRCP 4(m) that will take effect on December 1, absent action by Congress. Here is the text of the amendment, showing the added and deleted text:
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Case of the Day: Plastech Holding Corp. v. WM Greentech
The case of the day is Plastech Holding Corp. v. WM Greentech Automotive Corp. (E.D. Mich. 2016). PHC sued WM Industries Corp., GreenTech Automotive Corp., and GreenTech Automotive Inc. JAC Motors, a non-party, sought to intervene in the case, but PHC opposed its motion, because the contract between JAC and PHC had an agreement calling……
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Case of the Day: Philippines v. China
An arbitral tribunal constituted under Annex VII to the UN Convention on the Law of the Sea issued its long-awaited Award in the case the Philippines brought against China arising out of China’s claims in the South China Sea. I’m not a specialist in this area and so I’m not going to offer any detailed……