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Interesting Post on the New English Rules on Extraterritorial Disclosure
Jonathan Shaffer-Goddard published an interesting post yesterday at the Transnational Litigation Blog about the October 2022 amendment to the English Civil Procedure Rules regarding extraterritorial disclosure orders. These are orders that the English court can grant ex parte and that can be served on a person abroad, including in the United States, for the purpose […]
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Case of the Day: In re Alpene
The case of the day is In re Alpene, Ltd. (E.D.N.Y. 2022). Alpene, a Hong Kong corporation, had a treaty arbitration claim against Malta, and it arbitration under ICSID arbitration. It sought discovery from Elizabeth McCaul, a New Yorker, under Section 1782. The case raises a question left open in the Supreme Court’s ZF Automotive […]
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Case of the Day: In re VUZ-Bank JSC
The case of the day is In re VUZ-Bank JSC (W.D. Va. 2022). VUZ is a Russian bank. It sought discovery in Virginia for use in potential criminal proceedings in Dubai, that it said arose out of a fraud on the bank by Rus-AgroExport LLC, Hakan Holdings Ltd., and Hakan Agro DMMC. VUZ brought a […]
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In re BMW: Litigation Funding and Section 1782
The case of the day is In re BMW (N.D. Ill. 2022). BMW was a defendant in German patent litigation brought by Arigna Technology Ltd., an Irish “patent assertion entity.” BMW came to Illinois to seek discovery from Magnetar, an investor in Arigna’s patent portfolio, seeking among other things communications regarding the patents. This may […]
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Today’s DIScussion On ZF Automotive
I participated in a panel discussion today of the ZF Automotive case at the DIS, the German Arbitration Institute. It was a pleasure to get to exchange ideas with my colleagues on the panel, Derek Adler of Hughes Hubbard & Reed and Barbara Maucher of Noerr. I was assigned the role of explaining reasons why […]