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Case of the Day: Beijing Zhongyi Zhongbiao Electronic Information Technology Co. v. Microsoft
The case of the day is Beijing Zhongyi Zhongbiao Electronic Information Technology Co. v. Microsoft Corp. (W.D. Wash. 2013). In 1995, Microsoft and the Chinese government signed a memorandum of understanding, under which Microsoft was to develop a Chinese version of Windows 95 using fonts that met the government’s standards, and the government undertook to……
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Case of the Day: In re Application of National Syndicate for Electric Energy
The case of the day, In re Application of National Syndicate for Electric Energy (E.D. Va. 2014), is another in a recent group of unrelated cases indicating the limits of 28 U.S.C. § 1782, and in particular, the statute’s limitation to “foreign or international tribunals.” The National Syndicate for Electric Energy (SNEE) is a union……
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Case of the Day: Professional Investigating & Consulting Agency v. Suzuki
The case of the day is Professional Investigating & Consulting Agency, Inc. v. Suzuki (S.D. Ohio 2014). The defendants, David Suzuki and Suzuki Reconnaissance Advisors, Ltd., were located in Hong Kong. The plaintiff, Professional Investigating & Consulting, was an Ohio private investigation firm. The claims were for breach of contract. The action was filed in……
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Lago Agrio: Ontario Case Stayed Pending Appeal To The Supreme Court of Canada
In a somewhat surprising development, Justice MacPherson, who wrote the Ontario Court of Appeals’s decision in Yaiguaje v. Chevron, has stayed that decision pending the outcome of Chevron’s application to the Supreme Court of Canada. The decision was surprising—to me, at least, though I welcome the view of Canadian lawyers—because of the tenuousness of Chevron’s……
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Section 1782 and Private Arbitration: An Update
Two recent appellate cases show that the availability of discovery under 28 U.S.C. § 1782 in private international arbitrations is as unsettled as it has been at any time since the Intel decision. I’m not going to review the first case, GEA Group AG v. Flex-N-Gate Corp. (7th Cir. 2014), in any detail. Judge Posner,……