Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Aerospatiale

Case of the Day: Finjan v. Zscaler

Posted on November 4, 2019

The case of the day is Finjan, Inc. v. Zscaler, Inc. (N.D. Cal. 2019). It’s from early in 2019, but I missed it when it was issued. The case was a patent dispute. Finjan, a computer security company, sought the production of emails from Tim Warner, a British citizen living in the UK. The emails were important, Finjan said, because Warner, its previous sales director who now headed UK sales for the defnedant, had “intimate knowledge” of the patented technology and “could explain [it] inside out.” Zscaler argued that it could not produce the emails, because production would violate the GDPR. It claimed that Finjan’s proposed search terms were overbroad and would require the production of unnecessary personal data, which would have to be…

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Case of the Day: EFG Bank v. AXA Equitable Life

Posted on April 30, 2018

The case of the day is EFG Bank AG, Cayman Branch v. AXA Equitable Life Insurance Co. (S.D.N.Y. 2018). The judge had previously denied a motion by EFG, a Swiss bank, for a protective order that would have required AXA to seek discovery of information located in Switzerland via the Hague Evidence Convention. EFG sought reconsideration.

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Case of the Day: Wultz v. Bank of China

Posted on May 15, 2013

The case of the day is Wultz v. Bank of China Ltd. (S.D.N.Y. 2013). We first considered this case in November 2012. Here was my description of the facts from the prior post: In 2006, Daniel Wultz was killed, and Yekutiel Wultz injured, in a suicide bombing in Tel Aviv. Members of the Wultz family sued the Bank of China, alleging that the bank had violated the Antiterrorism Act, 18 USC § 2333, and that it was guilty of negligence etc. In the earlier decision, the judge ordered the bank to produce documents under the FRCP rather than requiring resort to the Hague Evidence Convention, notwithstanding the bank’s invocation of China’s bank secrecy laws. The only exception the judge established was for “confidential regulatory…

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