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Case of the Day: In re Republic of Ecuador
The case of the day is In re Republic of Ecuador (N.D. Fla. 2012). The judge characterized the case as a small part of “an expansive, long-running international dispute,” which is like calling the moon landing a “short, somewhat interesting jaunt for the adventurous.” The Republic of Ecuador, taking a page from Chevron’s playbook, brought……
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Belfast Project: Moloney & McIntyre File Petition for Certiorari
On Friday Ed Moloney and Anthony McIntyre filed their petition for a writ of certiorari in the Belfast Project case. The filing of the petition extends Justice Breyer’s stay of the First Circuit’s mandate at least until the Supreme Court decides whether to grant the petition and hear the case on the merits. The petition……
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Case of the Day: In re Ex Parte Application of Motorola Mobility, LLC
The case of the day is In re Ex Parte Application of Motorola Mobility, LLC (N.D. Cal. 2012), our first [section] 1782 case in quite some time. Motorola had sued Apple in Germany, alleging that the iPhone and iPad infringed Motorola patents relating to 2G and 3G wireless communication standards. Apple asserted, as a defense,……
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Case of the Day: Application of Auto-Guadeloupe Investissement
The case of the day is Application of Auto-Guadeloupe Investissement S.A. (S.D.N.Y. 2012). Auto-Guadeloupe is a French corporation with its offices in Pointe-à-Pitre, Guadeloupe, an overseas department of France. Leucadia is a publicly traded holding company with its offices in New York. The two companies agreed to create a joint venture called Global Caribbean Fiber……
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Martyniszyn on Transnational Discovery in Antitrust Cases
I wanted to call attention to an interesting new paper by Marek Martyniszyn, a Senior Research Fellow in the Institute for Consumer Antitrust Studies at Loyola University Chicago School of Law and a friend of Letters Blogatory, titled Discovery and Evidence in Transnational Antitrust Cases: Current Framework and the Way Forward, available on SSRN. Here……