Tag: 1782

  • Case of the Day: In re Application of Kazakhstan

    The case of the day is In re Application of Republic of Kazakhstan (S.D.N.Y. 2015). I love this case, because it raises one of my favorite issues under § 1782. In 2013, an arbitral tribunal in Sweden awarded Anatolie Stati and related parties $199 million against Kazakhstan on account of the illegal seizure of a……

  • The Government’s Amicus Brief In POSCO

    I noted the Federal Circuit’s curiosity about § 1782 in In re POSCO, a mandamus case in which the court, sua sponte, asked the parties and then the government to brief the question whether § 1782 is the exclusive means to obtain evidence for use in a foreign proceeding.

  • Case of the Day: In re Application of Grupo Unidos Por El Canal

    The case of the day is In re Application of Grupo Unidos Por El Canal, S.A. (D. Colo. 2015). The Autoridad del Canal de Panama, the agency in charge of the Panama Canal, is in the course of an expansion of the canal to include a third set of locks. Grupo Unidos Por El Canal,……

  • Case to Watch: In re POSCO

    In re POSCO, a petition for a writ of mandamus now pending in the Federal Circuit, is a case for § 1782 watchers to keep an eye on. In 2012, Nippon Steel sued POSCO in Japan for trade secret misappropriation. Both firms were in the business of manufacturing grain-oriented electrical steel. POSCO brought an action……

  • Case of the Day: In re O’Keeffe

    The case of the day is In re O’Keeffe (D.N.J. 2015). Kate O’Keeffe was a Hong Kong-based reporter for Dow Jones & Co. She wrote an article, published in the US, European, and Asian editions of the Wall Street Journal, that described casino magnate Sheldon Adelson as “foul-mouthed.” Adelson, displaying some pretty thin skin for……