Law Articles – Rivkin Law Group

November 07

Posted By: Oleg Rivkin
Posted In: Arbitration , Law Articles , Litigation
Date: November 7, 2019
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Court of Appeals Allows U.S. Discovery in Aid of Private Foreign Arbitration

The Sixth Circuit Court of Appeals (which covers the states of Michigan, Ohio, Tennessee and Kentucky) has recently held that parties engaged in a private international arbitration sited outside of the U.S. may obtain discovery in the U.S. in aid of that arbitration pursuant to 28 U.S.C. § 1782. Un...

August 22

Posted By: Oleg Rivkin
Posted In: Arbitration , Law Articles , News
Date: August 22, 2019
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Supreme Court to Decide Important International Arbitration Question

The United States Supreme Court has accepted for review the question of whether, under the New York Convention on the Recognition and Enforcement of Foreign Judgments (the “New York Convention”), a non-signatory to an arbitration agreement can compel arbitration based on the doctrine of equitabl...

March 29

Posted By: Oleg Rivkin
Posted In: Law Articles , Litigation , News
Date: March 29, 2018
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New York Federal Court Reaffirms Continued Validity of “Transient” Jurisdiction

In a recent decision, a U.S. District Court in New York rejected a constitutional due process-based challenge to what is known as “transient” or “tag” in personam jurisdiction. The case, Asid Mohamad v. Jibril Rajoub, involved claims under, among others, the Torture Victims Protection Act, b...

June 02

Posted By: Oleg Rivkin
Posted In: Law Articles , Litigation , News
Date: June 2, 2017
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Supreme Court Settles Hague Convention Mail Service Question

In a recent decision in Water Splash Inc. v. Menon the United States Supreme Court resolved the question whether service of process by mail is permissible under the Hague Service Convention. At issue was the language of Article 10 of the Convention, which provides that the Convention shall not inter...

September 08

Posted By: Oleg Rivkin
Posted In: Law Articles , Litigation
Date: September 8, 2016
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Extraterritorial Application of 28 U.S.C. § 1782

In a groundbreaking decision a federal court of appeals rules that 28 U.S.C. § 1782 authorizes extraterritorial production of documents. The case, Sergeeva v. Tripleton, originated with a Russian divorce proceeding, followed by the wife’s efforts to obtain discovery of her husband’s assets in U...

April 27

Posted By: rivkinlawgroup
Posted In: Arbitration , Law Articles
Date: April 27, 2016
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Q&A With Rivkin Law’s Oleg Rivkin

Originally published in Law360 (April 2016) Oleg Rivkin, a principal at Rivkin Law Group PLLC in New York, concentrates his practice on international litigation and arbitration involving corporate, commercial and other business disputes. His work covers a broad range, including multijurisdictional t...

February 10

Posted By: rivkinlawgroup
Posted In: Arbitration , Law Articles
Date: February 10, 2016
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Arbitrator’s Conflict: Risks and Remedies

By Oleg Rivkin Originally published in Corporate Counsel Magazine (February 2016) When corporate counsel and their outside lawyers think of conflicts of interest in the context of litigation or arbitration, what normally comes to mind is the typical situation. A lawyer is conflicted because her firm...

April 20

Posted By: rivkinlawgroup
Posted In: Law Articles , Litigation
Date: April 20, 2015
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Litigating in New York: The choice between state and federal court

By Oleg Rivkin I am often asked by clients who have decided to file a legal action whether they should file in state or federal court. The question invariably brings to mind an old law school professor who once lectured us: “When you graduate you will take the subway to City Hall and there you [...

December 22

Posted By: rivkinlawgroup
Posted In: Law Articles
Date: December 22, 2014
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Newly Adopted Privacy Standards for Cloud Service Providers

By Oleg Rivkin Originally published in Expect Focus, Vol. IV (Fall 2014) The International Standards Organization’s new cloud standard, ISO 27018, strives to ensure that public cloud service providers (such as Amazon, Google, and Rackspace) “offer suitable information security controls t...

August 08

Posted By: rivkinlawgroup
Posted In: Law Articles , Litigation
Date: August 8, 2014
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Foreign Judiciaries Through the Eyes of U.S. Courts

By Oleg Rivkin Originally published in New York Law Journal (August 2014) American courts are frequently asked by litigants to render decisions concerning the adequacy and integrity of other countries’ judicial systems. These questions come up as a rule in one of two situations: first, when a ...