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International Litigation Jurisdiction Discovery

Kilpatrick

Recent English High Court Decision Reveals The Obstacles In Obtaining Foreign Discovery For Use In US Litigation

Kilpatrick on

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

Hogan Lovells

Obtaining evidence in England for overseas court proceedings – a recent reminder

Hogan Lovells on

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

Farrell Fritz, P.C.

Think Outside the Jurisdiction: International Discovery is Obtainable with the Assistance of the Commercial Division

Farrell Fritz, P.C. on

Every commercial litigator is familiar with the burdens at the discovery phase of litigation, whether it is a dispute over production, privilege, or just the sheer volume and cost (both time and money) associated. Be that as...more

Kilpatrick

Current Developments in Cross-Border Litigation | Discovery for Use in Foreign Proceeding Under Section 1782

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28 USC Section 1782 allows an interested party for use in a pending or contemplated foreign proceeding to seek discovery in the US under certain factors outlined by the US Supreme Court....more

Dorsey & Whitney LLP

The Supreme Court - March 3, 2022

Dorsey & Whitney LLP on

United States v. Zubaydah, No. 20-827: Respondent Abu Zubaydah claims that following the September 11, 2001, terrorist attacks, the CIA held him in a detention site in Poland and subjected him to “enhanced interrogation”...more

Epiq

You Can’t Always Get What You Want

Epiq on

Courts have consistently exercised discretion when allowing discovery in foreign proceedings under the 1782 discovery statute. A foreign tribunal or interested party in a foreign proceeding must petition the appropriate...more

BakerHostetler

Second Circuit Confirms the Extraterritorial Reach of 28 U.S.C. § 1782

BakerHostetler on

28 U.S.C. § 1782 is a statute that enables litigants to obtain discovery in the United States for use in foreign proceedings....more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

White & Case LLP on

With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Drafting International Dispute Resolution Clauses

On December 5, 2018, Skadden hosted the webinar “Drafting International Dispute Resolution Clauses.” Topics included the importance of dispute resolution clauses, choosing between litigation and arbitration, drafting...more

Proskauer - New Media & Technology

Canadian Court Asserts Jurisdiction over Craigslist Based on Cloud-Based Virtual Presence in Canada

A Canadian appellate court ruled that a lower court had jurisdictional authority to issue a production order to craigslist based upon its virtual (but not physical) presence in British Columbia. The production order requested...more

Morris James LLP

Court Of Chancery Explains When To Uphold Delaware As A Forum

Morris James LLP on

This decision applies Delaware’s forum non conveniens law to a suit against a Delaware corporation arising out of events in India. The analysis is helpful for other cases because it deals with all the various factors to be...more

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