International Arbitration

Expert Analysis

• The Factors Courts Consider In Deposition Location Disputes

  

  In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

• What To Consider Before Filing For A Rule 57 Speedy Hearing

  

  Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

• How Hague Enforcement Initiative Compares To EU Regimes

  

  The Hague Conference on Private International Law's latest convention on cross-border enforcement may create an international dispute resolution framework, and could provide the U.K. with useful alternatives to EU regimes in the event of a no-deal Brexit. However, it is not guaranteed to be a true game-changer, say Andrew Stafford and James Chapman-Booth of Kobre & Kim.

• NY Law May Remain Best Bet For Enforcing Foreign Awards

  

  The scope of the recently adopted Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters is more limited than New York's Article 53, which raises the question of whether the U.S. should ratify it, say Oksana Wright and Philip Langer of Fox Rothschild.

• Series

  Why I Became A Lawyer: Expanding The Meaning Of Diversity

  

  My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

• How The Wayback Machine Can Strengthen Your Case

  

  The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

• Opinion

  Draft Civil Procedure Jurisdictional Rule Needs A Tweak

  

  The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

• New Best Practices Under E-Discovery Spoliation Rule

  

  The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

• How Law Firms Can Create Content Decision Makers Will Read

  

  According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

• The Future Of Int'l Mediation After The Singapore Convention

  

  The Singapore Convention, signed by the U.S. this month, aims to make mediated international settlement agreements as easily enforceable as international arbitration awards, but the differences between the mediation and arbitration processes could pose a possible impediment to the success of the convention, says Gilbert Samberg at Mintz.

• Opinion

  Litigation Finance Can And Should Protect Its Reputation

  

  This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

• Crisis Messaging To Protect Law Firm Brand And Bottom Line

  

  When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

• The Escalating Sanctions Against Venezuela, Russia And Iran

  

  The past few weeks saw a flurry of activity demonstrating that imposition and enforcement of economic sanctions against Venezuela, Russia and Iran — and by extension China — continues to be a key driver for the Trump administration in confronting foreign policy challenges, say attorneys at Kirkland.

• Perspectives

  What You Should Know About Courtroom Closures

  

  At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

• Series

  Why I Became A Lawyer: A Seaweed Scientist's Odyssey

  

  In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.