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Client Alert March 12, 2021

Don't Stand Passive Against Anti-Competitive Behavior: U.S. Court Endorses Private Sector Antitrust Tools

  • Companies often believe that the only remedy for anti-competitive behavior comes from government intervention.
  • However, as a recent U.S. appeals court decision illustrates, private parties can obtain relief themselves, even against “consummated” mergers approved by government regulators.
  • This creative strategy is just one of many that companies can deploy by themselves when facing competitive challenges.

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Client Alert November 17, 2020

The Dark Side of 1782: Defending Against Aggressive U.S. Discovery Actions

  • Section 1782 discovery in the United States is a powerful tool to access information and gain an edge in foreign proceedings.
  • However, the power of this tool and the ease in which it is granted invites parties to use it in service of goals completely unrelated to ongoing proceedings, such as a negative PR campaign.
  • Defeating a 1782 application is not easy, but there are counterarguments and cross-border tools available to fight back and turn the tables on an unscrupulous adversary.

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Client Alert April 28, 2020

An Opportunity across the Pond: U.S. Discovery Developments can Drive UK Proceedings

  • Compared with UK discovery, with its limited scope and high costs, U.S. discovery can be a much more powerful and widely usable tool of enforcement.
  • U.S. Discovery, unlike UK discovery, is not limited to documents contained within its national borders.
  • Furthermore, documents discovered through U.S. discovery can often be used for purposes beyond those specifically identified in the original discovery application.

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Client Alert April 3, 2019

To Catch a Debtor: Finding the Money

  • For international creditors, monetizing claims against debtors located in the People’s Republic of China has proven difficult.
  • The first challenge is finding where the assets are, specifically via offshore discovery.
  • Time is of the essence, and “freezing” the money is next.

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For media inquiries, please contact:
Alex Stevens  |  Leader of Global Communications
email  |  +1 646 448 6283