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Case of the Day: In re Berlamont
The case of the day is In re Application of Berlamont (S.D.N.Y. 2014). Franck Berlamont applied for leave to serve a subpoena under § 1782 in order to obtain a transcript of testimony Rajiv Jaitly gave in a deposition in an earlier New York case, Rembaum v. Banco Santander. The deposition had, apparently, taken place……
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Case of the Day: Astronics Advanced Electronic Systems v. Lufthansa
The case of the day is Astronics Advanced Electronic Systems Corp. v. Lufthansa Technik AG (9th Cir. 2014). AES sought discovery from Lufthansa in the Western District of Washington. It was particularly interested in obtaining a license agreement between Lufthansa and an unnamed third party. The discovery was in aid of a litigation pending in……
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Case of the Day: Mare Shipping, Inc. v. Squire Sanders (US) LLP
The case of the day is Mare Shipping, Inc. v. Squire Sanders (US) LLP (2d Cir. 2014). The case arose out of the sinking of the Prestige, an oil tanker, off the coast of Spain in 2002, which resulted in a large oil spill. Apostolos Mangouras, the captain of the ship during the accident, had……
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Case of the Day: In re Certain Funds
The case of the day rejoices in the name In re Petition of Certain Funds, Accounts, And/Or Investment Vehicles Managed By Affiliates Of Fortress Investment Group LLC (S.D.N.Y. 2014). Fortress was an investment management firm. It invested in bonds and notes issue by two Saudi Arabian businesses, the Saad Group and Ahmad Hamad Algosaibi &……
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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……