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December 17, 2021
On December 10, 2021, the United States Supreme Court granted certiorari in two cases—ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, and AlixPartners, LLP v. Fund for Prot. of...
December 15, 2021
The Supreme Court agreed to resolve whether parties in private arbitration outside the country are able to use U.S. courts to compel the production of evidence.
October 28, 2021
The Supreme Court stayed a lower court’s order on Oct. 27 that would force a Michigan company to ...
October 20, 2021
Until recently, the U.S. Supreme Court (Supreme Court) was poised to decide a five-circuit split that would affect the way many international companies conduct foreign arbitrations going forward.
October 15, 2021
Whether you call it procedural gamesmanship or shrewd counterpunching, Latham & Watkins is trying to make it very hard for the U.S. Supreme Court to say no to a new opportunity to resolve a circuit split on whether parties in private foreign arbitration can obtain discovery from U.S. courts.
October 5, 2021
This term the Supreme Court is set to resolve a circuit split over the extent of a federal district court’s power to order a person “who resides in or is found” in its district “to give...
August 25, 2021
Justice Samuel Alito is no longer recusing himself from a dispute over a Boeing engine tailpipe fire that turns on whether federal courts may compel discovery for use in private commercial arbitrations abroad, a move that is possibly the result of a stock divestment.
June 29, 2021
ADVERTISEMENT Aviation Groups Say No US Discovery For Private Arbitrations Law360 (June 28, 2021, 9:15 PM EDT) -- A pair of aviation industry trade groups on Monday urged the U.S. Supreme Court to rule that private commercial arbitrations outside the U.S. dont qualify for discovery within the country, arguing that opening discovery would "shoehorn" proprietary information. The high court is currently grappling with a circuit split over whether private tribunals qualify for arbitration, since a...
June 15, 2021
ADVERTISEMENT Auto Parts Co. Rips Subpoena OK Ahead Of High Court Ruling Law360 (June 14, 2021, 7:54 PM EDT) -- ZF Automotive U.S. Inc. has slammed a Michigan federal judges recommendation to keep subpoenas issued against the company and two of its associated parties, arguing the judge ignored and downplayed "problematic issues" in a Hong Kong electronics manufacturers information request. The Michigan-based auto parts supplier claims Luxshare Ltd.s discovery application should have been paus...
May 14, 2021
ADVERTISEMENT ADVERTISEMENT ADR Firm Says Discovery Law Applies To Private Arbitrations Law360 (May 13, 2021, 9:49 PM EDT) -- Alternative dispute resolution provider FedArb has urged the U.S. Supreme Court to rule that private commercial arbitrations outside the U.S. qualify for discovery within the country, saying the idea that private and state-sponsored tribunals are different is "illusory." The high court is currently grappling with a circuit split over whether private tribunals qualify fo...