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At the end of 2019, the Second Circuit weighed in on an issue that has divided federal courts considering applications for discovery pursuant to 28 U.S.C. § 1782, through which a litigant can obtain an order from a federal court for discovery to be used in a foreign proceeding. The Second Circuit joined the Eleventh Circuit in holding that Section 1782 permits discovery of documents held outside the United States and that are within the control [...]

A recent Supreme Court decision sets important precedent on the retroactive effect of legislation amending the law governing sovereign immunity in the United States. On May 18, 2020, the Supreme Court handed a victory to plaintiffs seeking compensation from the Republic of Sudan for its part in the terrorist attacks taking place outside U.S. embassies in Kenya and Tanzania in 1998. The Court held that legislation passed as an exception to the Foreign Sovereign Immunities [...]

Highlights Lawyers seeking reciprocal bar admission after moving from one state to another may not have to retake a bar exam but often at a minimum must go through the character and fitness process of their new jurisdictions — a process that typically winds up with a "yes" but that nevertheless can take months to complete. This raises a straightforward question: What are lawyers to do during the period between the time that they leave [...]