Supreme Court

Justices curtail ability to get discovery in U.S. court for use in international arbitrations

Justices curtail ability to get discovery in U.S. court for use in international arbitrations

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In a decision that was much anticipated in the international business community, the Supreme Court on Monday clarified the scope of 28 U.S.C. § 1782, which allows an interested party to obtain discovery in the United States “for use in a proceeding in a foreign or international tribunal.” The court unanimously held in ZF Automotive US, Inc. v. Luxshare, Ltd. and AlixPartners, LLP v. Fund for Protection of Investors’ Rights in Foreign States that only a governmental or intergovernmental … Read the rest

Civil Law

NLRB GC Seeks to Curtail Employers’ Defenses to Union Organizing Amidst Huge Increase in Union Election Petitions

On April 6, the National Labor Relations Board announced that union representation petitions filed with the agency during the first six (6) months of the fiscal year had increased 57% from the previous year.[1]  The very next day, NLRB General Counsel Jennifer Abruzzo announced yet another policy initiative to hamper employer efforts to resist union organizing.  See GC 22-04, “The Right to Refrain from Captive Audience and other Mandatory Meetings.”

Specifically, the GC announced that she would seek to overturn … Read the rest