U.S. Supreme Court Rejects Section 1782 Discovery for Use in Most Arbitrations
Under 28 U.S.C. § 1782, a district court may grant discovery “for use in a proceeding in a foreign or international tribunal.” For...
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U.S. Supreme Court Rejects Prejudice Requirement for Finding Waiver of Contractual Right to Arbitrate
On May 23, 2022, the U.S. Supreme Court decided Morgan v. Sundance, Inc., which addressed whether the waiver of a right to arbitrate by...
U.S. Supreme Court Holds That Courts Should Apply State Choice-of-Law Rules to Non-federal Claims Under the Foreign Sovereign Immunities Act
On April 21, 2022, the U.S. Supreme Court decided Cassirer v. Thyssen-Bornemisza Collection Foundation, 2022 WL 1177497 (U.S. Apr. 21,...
Death by a Thousand Cuts: Cumulative Trustee-Friendly Rulings on Bankruptcy Code Claw Back Provisions Are Unfairly Burdening Subsequent Transferees
The Supreme Court recently denied certiorari in Picard v. Citibank, in which the petitioner sought review of a Second Circuit decision on...
D.C. Circuit Holds FSIA’s Arbitration Exception to Sovereign Immunity Applies Regardless of Annulment of Award at Seat of Arbitration
On March 11, 2022, the United States Court of Appeals for the D.C. Circuit clarified whether U.S. courts have jurisdiction under the...
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