Litigation – Rivkin Law Group

March 26

Posted By: Oleg Rivkin
Posted In: Arbitration , Litigation , News
Date: March 26, 2020
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- 3197

What to Expect When the Clouds Clear

The common theme in our clients’ inquiries of late is what will happen to their ongoing or anticipated U.S. litigations once the crisis abates. This is of particular concern to foreign-based companies for whom venturing, willingly or not, into the American litigation arena is a fraught exercise to...

March 18

Posted By: Oleg Rivkin
Posted In: Arbitration , Law Advice , Legal Advice , Litigation
Date: March 18, 2020
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- 3089

Law In The Time of Coronavirus*

This too shall pass and before long many of us will be back in courtrooms arguing our clients’ causes. As is true in every crisis, cases of contractual defaults will greatly increase and lawyers will be tasked with formulating legal theories to support (or oppose) companies’ nonperformance of ...

November 07

Posted By: Oleg Rivkin
Posted In: Arbitration , Law Articles , Litigation
Date: November 7, 2019
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- 2979

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...

March 29

Posted By: Oleg Rivkin
Posted In: Law Articles , Litigation , News
Date: March 29, 2018
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- 4435

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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- 3679

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...

March 22

Posted By: Oleg Rivkin
Posted In: Arbitration , Litigation , News
Date: March 22, 2017
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- 3552

New York Federal Courts Expand Discovery for Use in Foreign Tribunals

In two important decisions, New York federal courts significantly expanded the scope of discovery under 28 U.S.C. § 1782, the law that allows foreign litigants to obtain evidence in the United States for use in foreign tribunals. Section 1782 provides that a federal court may order a U.S. person (i...

January 17

Posted By: Oleg Rivkin
Posted In: Litigation , News
Date: January 17, 2017
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- 2837

Supreme Court To Decide Whether Employee Class-Action Waivers Are Enforceable

The U.S. Supreme Court has agreed to hear an appeal in three cases involving employee class-action waivers. The issue before the Court in Epic Systems v. Lewis; Ernst & Young v. Morris; and NRLB v. Murphy Oil, is whether clauses in employee agreements which effectively prohibit class-actions a...

November 29

Posted By: Oleg Rivkin
Posted In: Litigation , News
Date: November 29, 2016
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- 4670

New York Court: Attorney-Client Privilege is Lost if Emails Go Through Employer’s Server

In a recent decision in Peerenboom v. Marvel Entertainment, a New York court ruled that email communications between a client and his personal attorney are not privileged – and are subject to full disclosure – if they are transmitted through the client’s employer’s email system that is �...

September 23

Posted By: Oleg Rivkin
Posted In: Litigation , News
Date: September 23, 2016
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- 3726

Price-Fixing Claim Against Chinese Companies Dismissed on Grounds of International Comity

In an important decision affecting international litigation, the United States Court of Appeals for the Second Circuit reversed on the grounds of international comity a multi-million dollar judgment for price-fixing against Chinese manufacturers of vitamin C. The case, In re: Vitamin C Antitrust Lit...

September 08

Posted By: Oleg Rivkin
Posted In: Law Articles , Litigation
Date: September 8, 2016
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- 3020

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...