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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……
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Upcoming Event: “International Arbitration and US Discovery after Luxshare v. ZF?” at the DIS
Readers, the German Arbitration Institute, the DIS, is hosting an online discussion titled “International Arbitration and US Discovery after Luxshare v. ZF?” The panelists are Dr. Barbara Maucher of Noerr, Derek Adler of Hughes Hubbard & Reed, and me. Friend of Letters Blogatory Peter Bert, of Taylor Wessing, will moderate the discussion. The conversation will……
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Case of the Day: ZF Automotive v. Luxshare
The case of the day is ZF Automotive US, Inc. v. Luxshare, Ltd. (S. Ct. 2022). This is the big Section 1782 decision we all have been waiting for, which asks—and answers!—whether foreign arbitrations are proceedings before “foreign or international tribunals,” and therefore whether parties can obtain discovery in the US for use in foreign……