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Case of the Day: Republic of Argentina v. NML Capital
Yesterday the Supreme Court handed down its decision in Republic of Argentina v. NML Capital. Just to avoid confusion, this is not the case about whether Judge Griesa got it wrong when he issued an injunction forbidding Argentina to favor holders of new debt over the holdout owners of defaulted debt. The Court denied Argentina’s……
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New Paper on § 1782
I’ve posted a new paper I wrote with my partner David Evans on Section 1782 on SSRN. The paper, aimed at arbitration practitioners, is titled The US Judicial Assistance Statute: A Powerful Tool in International Arbitration? It covers the nuts and bolts of the statute as well as recent views on whether the statute can……
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Case of the Day: Hilton v. Kerry
The case of the day is Hilton v. Kerry (1st Cir. 2014). This is the extradition case I’ve been following. Here are a couple of my prior posts: Initial post Habeas corpus denied
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Case of the Day: In re Activision Shareholder Litigation
The case of the day is In re Activision Blizzard, Inc. Stockholder Litigation (Del. Ch. 2014). The case was a classic shareholder derivative action. After a complicated restructuring transaction between Activision and Vivendi, shareholders of Activision sued, claiming that Activision’s directors and Vivendi itself breached fiduciary duties to Activision by setting a price for the……
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Belfast Project: Jonathan Zittrain on Cryptography for Archives
Professor Jonathan Zittrain had a very interesting op-ed in the Globe recently on lessons of the Belfast Project case for archivists. He suggests the development and use of what he calls “time-capsule cryptography” to protect archives from the subpoena power of a court.