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Case of the Day: Eikenberry v. Celsteel Ltd.
The case of the day is Eikenberry v. Celesteel Ltd. (S.D.N.Y. 2013). Eikenberry sued Celsteel Ltd. and Samuel Chand Chib. The claim was that Ralph Esmerian and R. Esmerian Inc. gave Eikenberry a security interest in an emerald necklace, but that Esmerian then transferred the necklace to Chib to extinguish a debt to Celesteel. The……
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Deposing Third Party Witnesses in Germany: The Same, but Different
Peter Bert follows up on his post from last week about the practice under the Hague Evidence Convention in Germany. For American lawyers, it’s obviously important to understand what will happen once your letter of request makes its way to Germany. But it’s also important to bear in mind how the US court will treat……
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Pre-Trial Discovery under the Hague Evidence Convention: Is Germany’s Position Softening?
Peter Bert is back with a report of an interesting development—or hint of a development—in how the German courts think about requests for the production of documents. This is cross-posted at Peter’s blog. A recent Frankfurt case raises this issue: Germany has declared “that it will not execute Letters of Request issued for the purpose……
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Compelling German Third-party Witnesses to Testify in US Litigation
IJA Brigade member Peter Bert is back with a practical piece on procedure under the Hague Evidence Convention in Germany. This is cross-posted from Peter’s blog. In US-German disputes, the question often arises whether a party in US litigation can compel a third-party witness who is a German resident and does not volunteer to testify……
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Article of the Day: Chang & Chang on the Chinese Bank Secrecy Cases
The article of the day is Megan C. Chang and Terry E. Chang, Brand Name Replicas and Bank Secrecy: Exploring Attitudes and Anxieties Towards Chinese Banks In The Tiffany and Gucci Cases, 7 Brook. J. Corp. Fin. & Com. L. 425 (2013). Unfortunately, the paper does not seem to be freely available online. The article……