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BENAUR LAW PREVAILS IN NY COUNTY SUPREME COURT, DEFEATING MOTION TO DISMISS AND REAFFIRMING PRECEDENT THAT CONTRACTUAL AND QUASI-CONTRACTUAL CLAIMS MAY CO-EXIST AT THE PLEADING STAGE

BENAUR LAW PREVAILS IN NY COUNTY SUPREME COURT, DEFEATING MOTION TO DISMISS AND REAFFIRMING PRECEDENT THAT CONTRACTUAL AND QUASI-CONTRACTUAL CLAIMS MAY CO-EXIST AT THE PLEADING STAGE

Pursuant to the annexed decision, the New York County Supreme Court denied the Defendant's motion to dismiss, after opposition from our client and following oral argument. The written opinion re-affirms the principle that a breach of contract claim may be brought,...

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THE INTERPLAY BETWEEN CIVIL AND CRIMINAL FOR ATTEMPTS TO KLEPTOCAPTURE – SANCTIONS DESIGNATIONS AND SPECIAL LICENSES FOR CIVIL CLAIMS FOR RECOVERY OF ASSETS

THE INTERPLAY BETWEEN CIVIL AND CRIMINAL FOR ATTEMPTS TO KLEPTOCAPTURE – SANCTIONS DESIGNATIONS AND SPECIAL LICENSES FOR CIVIL CLAIMS FOR RECOVERY OF ASSETS

The implications of the current war on many legal questions are certainly staggering. Many remain to be developed, tested in the Courts and no doubt appealed and subject to the appellate courts to review. There are multiple questions pertaining to law of war,...

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EFFECTIVE USE OF 28 U.S.C.A. § 1782(a) FOR FORCING DOCUMENT PRODUCTIONS AND/OR DEPOSITIONS FROM U.S. PERSONS AND COMPANIES IN AID OF FOREIGN PROCEEDINGS

EFFECTIVE USE OF 28 U.S.C.A. § 1782(a) FOR FORCING DOCUMENT PRODUCTIONS AND/OR DEPOSITIONS FROM U.S. PERSONS AND COMPANIES IN AID OF FOREIGN PROCEEDINGS

Foreign litigants pursuing cases in other jurisdictions need to be aware of the opportunity to pursue discovery in aid of their proceedings – such as litigations and potentially arbitrations – in the United States. Such discovery may be authorized by federal...

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BusinessLitigation
Second Circuit Allows Section 1782 Discovery for Use in Investment Treaty Arbitration by a Fund Against Lithuania

Second Circuit Allows Section 1782 Discovery for Use in Investment Treaty Arbitration by a Fund Against Lithuania

The law as to whether U.S. courts may serve as a gateway for allowing discovery on U.S. based persons and entities in aid of foreign proceedings, and foreign arbitrations in particular, has been developing in recent years. Indeed, the question of whether Section...

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