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Case of the Day: In re SKAT Tax Refund Litigation
The case of the day is In re SKAT Tax Refund Litigation (S.D.N.Y. 2024). After a trial date had been set and long after the close of fact discovery, both sides in the case, a multi-district litigation consolidated before Judge Kaplan in New York, sought issuance of letters of request to take testimony abroad. The……
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The Upcoming Special Commission Meeting
The Special Commission on the practical operation of the 1965 Service, 1970 Evidence and 1980 Access to Justice Conventions will take place from July 2 to 5 in The Hague. I’ll be attending as part of the ITechLaw delegation, along with friend of Letters Blogatory Alex Blumrosen of the Paris bar. The Special Commission is……
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The Evidence Convention and Contemplated Proceedings
There is always something new to learn about the Evidence Convention! Recently I was consulted by a client for whom I had prepared letters of request. The case had settled, but the client expected a new, related case to be filed soon. Could we “get the ball rolling” by seeking issuance of letters of request……
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More on Rulemaking and Cross-Border Discovery: FRCP 28
My last post on the desirability of amending the Federal Rules of Civil Procedure to account for cross-border discovery got me thinking more about the topic. Let’s look at one of my favorite rules, FRCP 28. It’s little-known, but in some ways it’s the key rule for cross-border discovery practice. Rule 28 provides that that a……
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Article of the Day: Should the Federal Rules of Civil Procedure Be Amended to Address Cross-Border Discovery?
Zachary D. Clapton has a pointer to a new article by Michael M. Baylson and Steven S. Gensler on whether the Rules of Civil Procedure should be amended to account better for cross-border discovery. I do a lot of cross-border discovery, and so I have some thoughts. I know I called this post “article of the day,”……