Foreign Representatives in Chapter 15 petitions are specifically permitted to conduct discovery to locate the debtor’s assets within the United States to increase estate and creditor recoveries in the overseas proceedings and to probe the debtor’s affairs, rights, obligations or liabilities.
Francis J. Lawall and Marcy J. McLaughlin Smith
The common interest doctrine can be a powerful tool when used to block discovery of relevant and sometimes critical evidence. However, a determination of when it can be invoked requires a highly fact-intensive analysis.
Litigation tactics employed by frequent filers of copyright infringement suits may face heavy criticism in light of a recent ruling by a federal judge in New Jersey.
Jerry Lee Lewis Gets Extended Discovery Time in Management Litigation Against His Daughter
Three-Year Statute of Limitations Argument Doesn’t Bar Claims to Copyright Renewal Terms
Ticketmaster Prevails With “Striking Compatibility” Claim in Copyright Suit Over Ticket Bots
Brett M. McCartney
Books and records actions are heralded as the "tools at hand" for litigators pursuing shareholder claims against a corporation. In fact, the Delaware Court of Chancery has been critical of litigants who failed to take advantage of a shareholder's right to request the books and records of a corporation prior to commencing litigation against the corporation.
Part One of a Two-Part Article
Personal assistants, fitness trackers, and automotive black boxes are among the devices whose data and metadata may have big impact in legal cases. Here's why.
David A. Martindale
At a 2015 conference jointly sponsored by the Association of Family and Conciliation Courts (AFCC) and the American Academy of Matrimonial Lawyers (AAML), I listened with much interest as attorneys and judges from areas other than New York expressed disbelief, disapproval and dismay regarding New York’s extraordinarily atypical positions regarding the copying and electronic transmission of documents, and the limitations on discovery in litigation focused on issues of access to and custody of children.