GLOBALitigation: USA is Kelley Drye's quarterly publication for international lawyers and managers of legal affairs that explores the unique challenges non-U.S. entities encounter when involved in U.S. litigation and government investigations. Our goal is to provide useful, practical and interesting information in articles that discuss trends and developments, explain U.S. procedures, and provide insights into the unwritten local customs found in courts throughout the U.S.
Despite the continuing economic uncertainty, there is a constant in our day-to-day business: legal challenges. There are always precedent-setting decisions, legislative updates, and new interpretations of the law which have implications on legal decisionmakers across the world. In this issue of GLOBALitigation, we address two Federal Rules of Civil Procedure, one of which has significant ramifications on companies doing business in the United States and the other relating to a procedural mechanism in U.S. courts, commonly known as Attachment B, that has been used to permit foreign litigants to attach U.S. based assets (including electronic fund transfers directed through U.S. intermediary banks) in aid of foreign legal or arbitral proceedings; and we offer a comprehensive piece on drafting an international arbitration clause. As always, we look forward to your continued feedback.
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We hope you are enjoying your summer. Despite the recession's insistence that business comes to a halt, we have found hints of light in the global business environment that point to an uptick in commerce. As such, litigation also continues to offer more complexity. In this issue of GLOBALitigation we offer you insight into the judge's questions in In Re Parmalat Securities Litigation, as well as a helpful piece on litigation holds with respect to electronic discovery. As always, keep your comments coming. Thanks for reading. >> Read more
Ce nouveau numéro comprend notamment des articles concernant l'intervention du juge fédéral américain à l'occasion d'une procédure arbitrale étrangère ; la discovery electronique; l'application de la Foreign Corrupt Practices Act à l'industrie pharmaceutique ; un article publié dans l'édition 2009 du Code Monétaire et Financier (LITEC) concernant l'importance et l'évaluation des actifs de propriété intellectuelle pour les entreprises. Ce numéro comprend également un descriptif de la politique économique de l'Administration Obama. >> Read more
This issue of GLOBALitigation offers new perspectives on electronic discovery, Foreign Corrupt Practices Act, comity and jurisdiction matters, as well as an analysis of the Obama prescription for the economy. We look forward to continuing to receive your comments and input. >> Read more
The new year came with high expectations and optimism around the world. We share in this spirit and, despite the continuing economic uncertainty, we look forward to 2009 and the challenges it will bring. Although change is in the air, and there can be no certainty on what lies ahead, we expect that at least a few things will stay the same in U.S. courts: civil discovery burden, innovation by the plaintiff’s bar to bring ever more lawsuits, and the prosecution of corporate fraud. As always, Kelley Drye welcomes any comments, questions or suggestions on ways we can make this publication more useful. Please do not hesitate to contact us. And, of course, best wishes for 2009. >> Read more
Nous sommes heureux de vous communiquer ce nouveau numéro de notre publication "Global Litigation" adaptée plus particulièrement aux besoins des entreprises et clients français et francophones du cabinet. Cette publication examine les développements récents en matière de contentieux américain, susceptibles d'intéresser les avocats et responsables juridiques d'entreprises. >> Read more
In this third issue of GLOBALitigation: USA, we present several articles which focus on the legal risks of doing business in the United States and the steps that should be taken to reduce those risks. First, we discuss the significant scope — and far-reaching nature — of U.S. anti-money laundering statutes which require careful consideration when structuring financial affairs and relationships. Next, we discuss "piercing the corporate veil," a concept claimants in the U.S. courts often try to utilize to bring non-U.S. corporations into U.S. legal proceedings, and we discuss steps companies can take to minimize risks. Finally, we present a discussion on the increasing use of corporate monitors in resolving criminal cases brought by the U.S. Department of Justice against corporations, including the factors that must be considered wherever a monitor is part of a plea deal or deferred prosecution agreement. >> Read more
In this issue of GLOBALitigation: USA, viewers will read about recent a U.S. Supreme Court decision directly affecting the investment community, Department of Justice updates on antitrust and cartel issues, implications of transferring documents between foreign and domestic affiliates in civil litigation, little-known but significant foreign witness and pre-trial discovery procedures, foreign website activities and U.S. jurisdictional matters with regard to commerce issues. >> Read more
In this inaugural issue of GLOBALitigation: USA, viewers will read about the positive effect of using interpreters in U.S. litigation processes, new standards for arbitrator disclosures, a discussion of warfare and litigation principles, and an update on a significant case involving personal jurisdiction and beneficially-held corporations. >> Read more