Obtaining Discovery Abroad

Author :
Publisher : American Bar Association
ISBN 13 : 9781590315187
Total Pages : 372 pages
Book Rating : 4.89/5 ( download)

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Download or read book Obtaining Discovery Abroad written by and published by American Bar Association. This book was released on 2005 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This newly-revised and expanded edition of Obtaining Discovery Abroad assists those involved in U.S. litigation in understanding the legal and practical steps for bringing evidence from a foreign jurisdiction back to the United States.

Author : David S. Pennock
Publisher :
ISBN 13 :
Total Pages : 228 pages
Book Rating : 4.80/5 ( download)

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Download or read book Obtaining Discovery Abroad written by David S. Pennock and published by . This book was released on 1990 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Brett Harrison (Lawyer)
Publisher : American Bar Association
ISBN 13 : 9781641055086
Total Pages : 0 pages
Book Rating : 4.81/5 ( download)

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Download or read book Discovery Across the Globe written by Brett Harrison (Lawyer) and published by American Bar Association. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discovery is one of the principal areas of civil litigation that requires collaboration across national lines and efficacy of court orders beyond jurisdictional boundaries. Although central to the practice of civil litigation in the United States, discovery is virtually unknown in most civil law jurisdictions, which creates a problem for obtaining necessary evidence from these countries. This book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil Procedure and the Hague Evidence Convention. The book then describes the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evidence obtainable, confidentiality and privilege, alternative dispute resolution, and costs.

Author : Brett Harrison (Lawyer)
Publisher :
ISBN 13 : 9781641055093
Total Pages : pages
Book Rating : 4.9X/5 ( download)

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Download or read book Discovery Across the Globe written by Brett Harrison (Lawyer) and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Viewed through the prism of civil litigators in the United States seeking evidence in foreign jurisdictions, the first chapter of this book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil and the Hague Evidence Convention. The book then describes, in successive chapters organized by jurisdiction, the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evidence obtainable, confidentiality and privilege, alternative dispute resolution, and costs"--

Author : Lucas V.M. Bento
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041189211
Total Pages : 469 pages
Book Rating : 4.19/5 ( download)

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Download or read book Globalization of Discovery written by Lucas V.M. Bento and published by Kluwer Law International B.V.. This book was released on 2019-11-21 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery—the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.’s generous discovery tools, particularly 28 U.S.C. § 1782 (“Section 1782”), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782’s interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person “found” in the district, pursuant to Section 1782? Who qualifies as an “interested person?” What is a “foreign or international tribunal?” Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.

Author :
Publisher : American Bar Association
ISBN 13 : 9781590317006
Total Pages : 156 pages
Book Rating : 4.09/5 ( download)

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Download or read book Joint Ventures written by and published by American Bar Association. This book was released on 2006 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joint Ventures: Antitrust Analysis of Collaborations Among Competitors is the first book to provide a comprehensive analysis of antitrust joint venture law in the immediate aftermath of the Supreme Court's landmark Dagher decision. It reviews antitrust principles applicable to joint ventures and other competitor collaborations, taking into account relevant statutory and case law as well as government guidelines and enforcement practices.

Author : Selvyn Seidel
Publisher :
ISBN 13 :
Total Pages : 596 pages
Book Rating : 4.32/5 ( download)

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Download or read book Extraterritorial Discovery in International Litigation written by Selvyn Seidel and published by . This book was released on 1984 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.95/5 ( download)

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Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Herr, Haydock
Publisher : Wolters Kluwer
ISBN 13 : 1454883812
Total Pages : 1196 pages
Book Rating : 4.14/5 ( download)

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Download or read book Discovery Practice, 9th Edition written by Herr, Haydock and published by Wolters Kluwer. This book was released on 2017-05-18 with total page 1196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discovery Practice, Ninth Edition gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whether to do it, and how to do it -- at every stage of the discovery process. Turn to this trusted guide for thorough, up-to-date clarification of: Insurance discoverability Discovery abuse -- its penalties and sanctions Confidentiality and discovery of trade secrets Use of experts Use of investigation files Use of witness statements Protective orders Invoking Rule 29 powers Tapes and telephones depositions Using the Manual for Complex Litigation Foreign discovery Discovery in administrative hearings Discovery in arbitration. Plus detailed coverage of such cutting edge areas as e-mail depositions and FOIA proceedings. Appendices include ready to adapt sample forms. Now, with all the practice tips and valuable strategies packed into Discovery Practice, you can Facilitate early and thorough disclosure of information Quickly determine a core of undisputed facts Intensively promote and pursue a negotiated settlement. Discovery Practice, Ninth Edition gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whet

Author :
Publisher : American Bar Association
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4./5 ( download)

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Download or read book Antitrust Publications Catalog written by and published by American Bar Association. This book was released on with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: