Daily Archives: Monday, January 5, 2015

Posted: January 5, 2015

District Courts Can Order Discovery in Support of Foreign Magistrate’s Investigation

On December 12, 2014, the Second Circuit issued a decision in In Re Application for an Order Pursuant to 28 U.S.C. § 1782 to Conduct Discovery for Use in Foreign Proceedings, 14-2807-CV, affirming the district court’s power to order discovery in support of a foreign criminal investigation. The decision in In Re Application for an… Read more »

Posted: January 5, 2015

Court Refuses to Disqualify Counsel from Defending Both the Nominal Defendant and Other Defendants in a Derivative Action

On December 30, 2014, the First Department issued a decision in Stilwell Value Partners IV, L.P. v. Cavanaugh, 2014 NY Slip Op. 09061, denying a motion to disqualify counsel. In Stilwell Value Partners, the court denied the plaintiff’s motion to disqualify a nominal defendant’s counsel in a derivative action, explaining: Plaintiff failed to show that… Read more »