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  • Case of the Day: In re Application of Pinchuk

    The case of the day is In re Application of Pinchuk (S.D. Fla. 2013). Victor Mikhaylovich Pinchuk was the claimant in an LCIA arbitration against Igor Valeryevich Kolomoisky and Gennadiy Borisovich Bogolyubov. The three had been joint venturers in the ferroalloy business. Pinchuk sought to take discovery under 28 U.S.C. § 1782 from several third……

    October 14, 2013
  • Lots of Lago Agrio Action

    As trial approaches, there were several developments in the Chevron case in New York yesterday: Sanctions. The judge, on Chevron’s motion, has sanctioned Donziger and the LAPs for failure to comply with his discovery orders with respect to documents in Ecuador. This is a very strong and very long opinion, and I am not going……

    October 11, 2013
  • Case of the Day: Acushnet Co. v. Thiede

    The case of the day is Acushnet Co. v. Thiede (D. Ariz. 2013). Acushnet sought leave to serve process on Dualwin Sporting Goods Co. via email in China. The judge granted the motion. Much of the short decision is taken up with citations to cases approving service by email, but lest anyone get the wrong……

    October 11, 2013
  • Lago Agrio: New Documents Surfacing?

    Update (10/9/13): The Republic of Ecuador’s lawyer had chimed in, seeking to protect the Republic’s privileged communications and raising the suspicion that someone may have obtained them illegally. Here are excerpts from the email the email: Gentlemen, I was informally served yesterday by Gibson Dunn with a proposed Order to Show Cause and supporting papers……

    October 8, 2013
  • Lago Agrio: Judge Kaplan Rejects Demand for Jury Trial

    Judge Kaplan has held that in light of Chevron’s decision not to seek damages, Donziger and the LAPs are not entitled to a trial by jury. I had previously questioned whether Judge Kaplan would accept Chevron’s waiver of its damages claims, which was framed in such as way as to suggest that Chevron might not……

    October 8, 2013
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