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By Ted Folkman

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  • Case of the Day: In re Application of Gazprom

    The case of the day is In re Gazprom Latin America Servicios, CA (S.D. Tex. 2016). Gazprom Latin America, a Venezuela company, brought a § 1782 application seeking discovery from Jean-Marc Pivert. The court granted the application ex parte, and then moved to compel and for contempt. Privert then moved to vacate the original order.

    July 20, 2016
  • 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……

    July 19, 2016
  • 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……

    July 18, 2016
  • 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:

    July 15, 2016
  • 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……

    July 14, 2016
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