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U.S. Supreme Court Rejects Section 1782 Discovery for Use in Most Arbitrations

USA - June 16 2022 Under 28 U.S.C. § 1782, a district court may grant discovery “for use in a proceeding in a foreign or international tribunal.” For years, federal…

Scott Eisman, Olivia Greene, David Livshiz, Linda H. Martin, Paige von Mehren, Christian Vandergeest

Re-assessing business litigation risk: From a US-centric to a multijurisdictional disputes landscape

USA - May 2 2022 According to conventional wisdom, the level of transnational litigation in US courts is steadily increasing. This is due to plaintiff-friendly…

Kristina Weiler

Will Litigation in U.S. Courts Be the Price of Doing Business in the United States?

USA - April 27 2022 Imagine a corporation registers to do business in a U.S. state. It is not incorporated there. Its headquarters isn’t there. It has perhaps only…

Scott Eisman, David Livshiz, Linda H. Martin, Carla Yoon

Death by a Thousand Cuts: Cumulative Trustee-Friendly Rulings on Bankruptcy Code Claw Back Provisions Are Unfairly Burdening Subsequent Transferees

USA - March 16 2022 The Supreme Court recently denied certiorari in Picard v. Citibank, in which the petitioner sought review of a Second Circuit decision on a seemingly…

David Livshiz, Madlyn Primoff, Christian Vandergeest

If a Texan visits my website, am I doing business in Texas?

USA - February 15 2022 Global companies want to know if and when they can end up in a US court. One common question relates to websites: if anyone in the US can access my…

Matthew Rublin