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Changes to U.S. Discovery Rules: The New FRCP 26(b)(1)

Ted Folkman of Letters Blogatory has a “major conceptual change” to the rules on discovery in the United States to report: European readers, who love to hate U.S. pretrial discovery—this one is for...

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Porsche Hedgefund Litigation Reaches Yet Another Court in Germany

We have tracked the proceedings brought by investors against Porsche for damages allegedly suffered when Porsche attempted to take over Volkswagen over the last couple of years, and followed the...

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Securities Litigation in Germany: Volkswagen and The Fall-out of Dieselgate

On the blog, we have tracked the jurisdictional journey of securities litigation brought against Porsche in relation to its failed attempt to take over Volkswagen (see here and here, for example). Now,...

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Porsche/Volkswagen Litigation: Moving Slowly, One Step At A Time…

We have not really covered the Porsche/Volkswagen saga for quite a long time – see here and here for posts on the jurisdictional journey of this litigation all across the country. Primarily, this was...

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Case of the Week: Federal Supreme Court on Arbitrability of Shareholder...

In a recent decision, the Federal Supreme Court (Bundesgerichtshof) has held that shareholder disputes, and in particular challenges to shareholder resolutions (Beschlußmängelstreitigkeiten) in a...

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Case of the Week: Federal Constitutional Court Allows Search of Jones Day’s...

A little under a year ago, we reported that the Federal Constitutional Court (Bundesverfassungsgericht) had issued an injunction that stopped the Munich Public Prosecution Office (Staatsanwaltschaft...

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Disruption in Litigation – New Types of Disputes in a New World Order, IBA...

This year’s IBA Litigation Conference will be held in Berlin – and if that in itself is not good enough to persuade you to come, may I add that this year, I have the honour of co-chairing the...

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Today is Brexit Day – What’s New?  

Today is Brexit Day. The United Kingdom is leaving the European Union. It might be worth looking at what changes as of midnight today. Spoiler alert: Practically speaking, not much. Article 126 of the...

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Cases of the Week: How (Not) To Bundle Claims

Germany does not have US style class actions. The introduction of the Capital Market Investors’ Model Proceeding Act (Kapitalanlegermusterverfahrensgesetz, KapMuG) in 2005 (triggered by the Deutsche...

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IBA Annual Litigation Forum: New Challenges in Multijurisdictional...

This time last year, I was still quite nerveous about getting everything lined up for the IBA’s Annual Litigation Forum in Berlin which I had the honour of co-charing. This year, I can sit back, relax...

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