Topic
Discovery
1,110 published works
Socially Aware Blog
Foreign Companies Can Use 28 U.S.C. § 1782 to Unmask Anonymous Internet Posters
By J. Alexander Lawrence, Geary Choe
A random Twitter account tags a Japanese company and badmouths it in a series of tweets. Because the tweets are tagged, a search of the company’s name on Twitter will…
Carpe Datum Law
New Decision Regarding Discovery in Aid of Foreign Litigation
In a much-anticipated opinion, Judge George B. Daniels of the United States District Court for the Southern District of New York recently affirmed the decision of a magistrate judge regarding…
A Lawyer's Blog
PARTY FAILS TO COMPLY WITH DISCOVERY ORDERS
If the credibility of court orders and the integrity of our judicial system are to be maintained, a litigant cannot ignore court orders with impunity.HSBC Bank USA, N.A. v Branker…
Best Practices Construction Law
Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!
Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties. And if the case is subject to arbitration, it is likely that there will be…
Minding Your Business
“Ain’t No River Wide Enough”: Second Circuit Says No Per Se Bar to Extraterritorial Application of Section 1782
This month, the Second Circuit weighed in on open issues relating to discovery under 28 U.S.C. § 1782. Section 1782 allows federal courts to order entities that “reside[] or [are]…
Property Insurance Coverage Law Blog
The Importance of a Rule 30(b)(6) Deposition
A tool that every policyholder attorney should use is the 30(b)(6) deposition. This is when the policyholder attorney requests the Defendant Insurance Carrier to designate “one or more officers, directors,…
Family
Newly Discovered Evidence Rejected in Chattanooga, Tennessee Divorce: Westbrooks v. Westbrooks
By K.O. Herston
Facts: Husband and Wife divorced after 20 years of marriage. Husband had a premarital 401(k) account with Paine Webber. Husband failed to produce documents to establish the premarital value of the…
Disputing
Sixth Circuit Creates Split on International Arbitration Discovery Question
By Beth Graham
The United States Court of Appeals for the Sixth Circuit has created a circuit split regarding whether 28 U.S.C. §1782(a) authorizes a federal court to order discovery in a private…
Grand Jury Target
Does the Government Have to Turn Over FBI 302s in Discovery?
By Sara Kropf
By Sara Kropf The government usually turns over interview memos, or FBI 302s, during discovery in a criminal case. As I’ve written before, a 302 is a summary of a…
GT Israel Law Blog
Does Section 1782 Apply to Discovery in Private International Commercial Arbitration Proceedings?
By Andrew Van Duzer, Nicole Y. Silver, Tomás Leonard, Thomas G. Allen‡
Life sciences companies should pay attention to an ongoing action in Delaware that could have implications for whether they can obtain (or be subjected to) U.S. discovery in international arbitration…