Searching Content indexed under Litigation, Mediation & Arbitration by Alex Lakatos ordered by Published Date Descending.
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Electronic Discovery & Information Governance - Tip Of The Month: Thinking About Explainable AI (XAI) And Litigation Defensibility
Machine learning algorithms and other applications of artificial intelligence are making more and more day-to-day business decisions.
United States
31 May 2019
Second Circuit Limits Use Of Section 1782 Discovery Against Law Firms
28 U.S.C. § 1782 ("Section 1782") is a powerful tool that allows litigants to obtain broad, US discovery to gather evidence for use in proceedings before non-US or international tribunals.
United States
19 Jul 2018
"Separate Entity" Rule Alive and Well in New York
In a much anticipated decision, New York’s highest court, the Court of Appeals, confirmed on October 23, 2014, that the so-called "separate entity" rule continues to exist as a vibrant doctrine in the State of New York.
United States
28 Oct 2014
Recent Cases Illustrate Benefits And Pitfalls Of Section 1782 Discovery
Three recent US federal court decisions provide additional insight into the scope of permissible discovery under 28 U.S.C. § 1782.
United States
18 Mar 2014
US Supreme Court Dramatically Narrows Grounds for General Personal Jurisdiction
In January 2014, the US Supreme Court decided Daimler AG v. Bauman, 571 U.S. ___, 134 S. Ct. 746 (2014), a decision that could be of substantial importance to any non-US bank or non-US corporation that has US branches or offices in the United States, as well as any US bank or corporation that has branches or offices outside of its principal place of business or place of incorporation (its "home state").
United States
14 Mar 2014
Presumption Against Extraterritoriality in Morrison v. National Australia Bank Extended to Criminal Prosecutions
On August 30, 2013, the US Court of Appeals for the Second Circuit ruled in United States v. Vilar that the presumption against extraterritoriality applies to federal criminal prosecutions under Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act).
United States
16 Sep 2013
New York Appeals Court Precludes Attempted End Run Around Morrison
A New York appellate court recently issued a decision favorable to securities issuers whose shares trade on non-US exchanges.
United States
23 Jan 2013
New York Court Of Appeals Answers Questions On When Jurisdiction Can Be Established Based On New York Correspondent Accounts
The New York Court of Appeals has issued an opinion that could have significant implications for non-US banks that have limited operations in the United States.
United States
15 Jan 2013
New York Trial Court Reaffirms Separate-Entity Rule In Discovery Dispute
The recent decision by a New York State trial court in Ayyash v. Koleilat (N.Y. Sup. Ct., N.Y. County, Index No. 151471/2012 (Coin, J.)) contains important guidance on how lower-level New York State courts are inclined to interpret the decision of New York’s highest court in Koehler v. Bank of Bermuda.
United States
14 Nov 2012
New York Court Of Appeals To Consider Vast Expansion To Koehler: Turnover Of Assets At A Non-US Subsidiary
The underlying dispute raises issues of great importance to all international banks with a New York presence.
4 Oct 2012
New York High Court May Consider Whether Use of a New York Correspondent Account Can Create Personal Jurisdiction Over Non-US Bank
The US Court of Appeals for the Second Circuit recently issued a decision of substantial interest to the international banking and financial services community.
United States
10 Apr 2012
Two US District Court Decisions Order Discovery Despite Conflicts with Foreign Bank Secrecy Laws or Blocking Statutes
In a pair of recent decisions, the US District Courts for the Southern and Eastern Districts of New York have compelled the disclosure of overseas documents even though such production may violate foreign criminal laws.
United States
9 Apr 2010
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