News

March 26

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

November 27

Posted By: Oleg Rivkin
Posted In: Arbitration , News
Date: November 27, 2019
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Mandatory Employment Arbitration Agreements Under Attack

For many years U.S. employers routinely included mandatory arbitration and confidentiality clauses in employment agreements, secure in the knowledge that these would be enforced by the courts. This presumption of enforceability no longer applies. With the advent of the #MeToo movement a number of ...

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...

March 22

Posted By: Oleg Rivkin
Posted In: Arbitration , Litigation , News
Date: March 22, 2017
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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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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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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 �...

October 20

Posted By: Oleg Rivkin
Posted In: Arbitration , News
Date: October 20, 2016
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Court of Appeals Deals a Blow to Arbitrator Autonomy in Contract Interpretation

In a recent decision, the U.S. Court of Appeals for the Seventh Circuit backtracked on a decades-long precedent that required deference to an arbitrator’s contract interpretation. The case, United States Soccer Federation v. United States National Soccer Team Players Association, involved a disput...

September 23

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