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Understanding Discovery in Commercial Litigation
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Balado Continuité – Audiences 2.0 : défis et solutions en litige commercial
Le 26 mai 2025, la Cour du Banc du Roi de l’Alberta (la « CBRA ») a suspendu un projet d’arbitrage en faveur d’une procédure de mise sous séquestre en cours dans l’affaire Mayfield Investments Ltd (Re). C’était la première...more
The Alberta Court of King's Bench has taken another step towards addressing ongoing delays in civil litigation in the Province. In a July 10, 2025, Notice to the Profession, the Court has announced that litigation plans will...more
There was a time not long ago when parties resisting a remote deposition would argue that their deposition was “document heavy” and thus unsuitable for remote proceedings. As recently as 2016, a leading treatise on commercial...more
There are various mediation styles or philosophies that parties to litigation encounter when mediating. Generally, they can be categorized as either facilitative or evaluative approaches. Some mediators feel that they should...more
Sometimes a judge or jury finds against you, and you must decide whether and how to appeal. But not every court ruling can be appealed. And not every appeal can make it all the way to a state’s highest court or to the U.S....more
On June 20, 2025, Governor Abbott signed House Bill 40 (HB 40) into law, which, among other things, expands the jurisdiction of the recently created Texas Business Court. HB 40’s changes to the Business Court include: (1)...more
Early decisions in high-stakes litigation can shape both the courtroom and public narratives, yet critical first-move strategies are underutilized. Why It Matters: • Setting the Tone Early: Find out how pre-litigation...more
Litigation is increasingly being deployed by sophisticated asset managers not merely as a defensive cost center but as an active driver of capital appreciation. Whether as a value-unlocking tool within an existing portfolio...more
Effective April 1, 2015, the Commercial Division of the New York State Supreme Court promulgated a series of reforms to the Rules of Practice for the Commercial Division, including the addition of new Rule 11-e, which...more
This article explores the enduring underuse of mediation in civil and commercial disputes across the European Union (EU) and U.K., a phenomenon known as the "mediation paradox." Despite decades of policy support and legal...more
TCPAWorld has a bunch of little side stories in addition to all the big ones. Here’s a quick one for you. In Adean Hill v. Amity One Tax, 2025 WL 1592957 (N.D. Tex. June 5, 2025) the Court gave Hill one last chance to serve...more
Cross-border legal disputes are a fixture of our global economy. As a result, companies headquartered outside of the United States often find themselves involved in U.S.-based litigation or arbitration. This experience is...more
For high-stakes litigation, waiting until after an adverse verdict to engage appellate counsel can be a costly mistake. Traditionally, clients didn’t think about an investment in appellate counsel until after a final...more
Join Niall McMillan and Anders Sleight from Offit Kurman in this episode of Litigators Lounge as they delve into the discovery process in commercial litigation. They discuss various tools such as interrogatories, requests for...more
The Grand Court of the Cayman Islands (“Cayman Court”) can grant a freezing injunction: • in connection with underlying proceedings brought in the Cayman Islands (whether issued or contemplated); or - • in relation to...more
The behaviours that most negatively impact efficiency in arbitration include adversarial approaches by counsel (24%), lack of proactive case management by arbitrators (23%) and counsel over-lawyering (22%). Respondents called...more
This guide explores the latest legislative, regulatory and enforcement developments in the British Virgin Islands and provides expert analysis on industry-wide topics including the local legal framework, the main stages of a...more
As of March 21, 2025, the Virginia General Assembly and Governor have approved a significant change to Virginia’s civil and commercial court system. Every business owner, real estate professional, attorney, and claims...more
A preliminary injunction motion is set for May, the judge issued a scheduling order, and CARB announced a public workshop to kick off a rulemaking to implement the laws....more
In Byju’s Alpha, Inc. v. Oci Limited, 2025 (EWHC 271) (KB), the claimant in Delaware proceedings seeking to recover assets and losses arising from fraudulent misappropriation learned that funds had been transferred to an...more
Litigators handling disputes that extend across state lines know that obtaining discovery can be cumbersome. Fortunately, Connecticut has taken steps to streamline this process. ...more
On April 29, 2025, the Justice Robert R. Reed of the Commercial Division of the Supreme Court of New York County issued a significant ruling in ACM MCC VI LLC v. Able Liquidation Three, Thomas Rossi, et al., granting a...more
A recent English High Court decision highlights a number of key issues when seeking an order to obtain evidence in England for use in overseas proceedings. In this case, the English court declined to make the orders which had...more
In September 2023, Chief Justice Morawetz of the Superior Court of Justice and Attorney General Doug Downey announced an initiative to undertake a comprehensive review of the Ontario Rules of Civil Procedure, with a view to...more
The Court of Justice of the European Union ("CJEU") recently issued an important ruling in the case of Società Italiana Lastre SpA (SIL) v. Agora SARL (C-537/23). The decision addresses the validity criteria of asymmetric...more