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International Discovery: Obtaining Evidence in Foreign Countries


Level: Advanced
Runtime: 88 minutes
Recorded Date: June 08, 2020
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Agenda

  • The Federal Rules of Civil Procedure 26, 34, & 45
  • Hague Evidence Convention Procedure
  • Letter of Request and Letters of Rogatory
  • Appointment of a commissioner

Runtime: 1 hour, 28 minutes
Recorded: June 8, 2020

Description

The discovery process can be both time-consuming and challenging in domestic civil cases, however these factors are intensified when pursuing witnesses and documents in foreign countries. With the ever-present need to obtain evidence abroad, it is necessary that attorneys learn the practical issues they may face and how to address them. Join our panel of experts as they discuss the rules and procedures required for foreign discovery.

Our panel will discuss:
  • The Federal Rules of Civil Procedure 26, 34, & 45
  • Hague Evidence Convention Procedure
  • Letter of Request and Letters of Rogatory
  • Appointment of a commissioner

This program was recorded on June 8th, 2020.

Provided By

American Bar Association
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Panelists

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Dr. James F. Reardon

Associate
FRORIEP Legal, SA

Dr. James F. Reardon’s practice focuses on complex international litigation and arbitration, as well as on a variety of regulatory matters, in particular in the fields of competition law and banking and finance.

Both civil and common law trained, he holds a Doctor of Laws in competition law. A former Special Assistant to the President of the Swiss Competition Commission, James F. Reardon then worked as associate in a global law firm based in Washington D.C., mostly in litigation and arbitration. He focused his work notably on a variety of internal investigations, anti-corruption compliance and competition matters, including competition law compliance and private litigation.

James F. Reardon regularly publishes in his fields of work, particularly in competition, complex litigation and anti-corruption. He also speaks and gives lectures in these areas; as of 2020, he teaches anti-corruption and anti-money laundering as lecturer at the Institute for International Business Law of the Faculty of Law at the University of Fribourg (LL.M. program).

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Dr. Franz X. Stirnimann Fuentes, LL.M.

Partner
FRORIEP Legal, SA

Franz Stirnimann Fuentes is an international lawyer with more than 20 years’ experience in international dispute resolution and Swiss commercial and white-collar criminal law. Franz Stirnimann Fuentes joined our law firm as a partner in 2015 and was previously a partner in a major US law firm.

He is ranked as a leading dispute resolution specialist and is a Fellow of the Chartered Institute of Arbitrators. He has acted as counsel and arbitrator (presiding arbitrator, co-arbitrator and sole arbitrator) in more than 70 international arbitrations (both commercial and investor-State; ICC, ICSID, Swiss Rules, LCIA, UNCITRAL, DIS, SCC, CAM, VIAC, CCL, ad hoc).

Franz Stirnimann Fuentes has conducted arbitrations in English, Spanish, German and French, subject to the substantive laws of a variety of civil jurisdictions (in Europe, the Middle East, Africa, and Latin America) as well as common law (English and New York law), related to international joint ventures, M&A, shareholders, manufacture, licensing/IP, sales and investor-State disputes in the energy, mining, aviation, telecommunications, construction, infrastructure and finance sector.

Franz Stirnimann Fuentes is also a Swiss court litigator and has appeared as counsel in more than 50 court proceedings before various courts both in Switzerland (including frequently in annulment proceedings against arbitral awards before the Swiss Supreme Court) and as counsel or legal adviser in court proceedings in England, Spain, Germany, the USA and various countries in Latin America.

In addition, he has an active white-collar criminal law practice and regularly advises on cross-border commercial transactions (joint ventures, shareholders, agency, distribution, commodity trading, construction, licensing, R&D, etc.) subject to Swiss law. He also occasionally advises on Swiss antitrust, IP/IT, customs and employment law matters.

Franz Stirnimann Fuentes regularly publishes and gives panel presentations in his fields of work. He features on the panels of arbitrators of a number of international arbitration institutions (ICC, SCAI, LCIA, WIPO, CIMA, AIAC, CAIC, CCL, CEAR-CBHE, etc.) and is a member of a number of boards of academic institutions and law journals in Switzerland, Spain, Latin America and the USA.

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Ralph M. Stone

Founding Partner
The Stone Law Group

Ralph M. Stone, the founding partner of the firm, is recognized as a leading lawyer in the securities litigation, investor rights, and international discovery fields. He has represented public and private companies, hedge funds, and other institutional investors in a wide variety of commercial litigation in courts around the country and in FINRA and American Arbitration Association arbitrations, on creditor committees in international bankruptcies, and in various other forums. He actively represents and advises private banks and other non-U.S. institutions in major securities litigation, and he regularly represents and advises them in various hedge fund disputes and matters arising from collapsed funds. He also represents securities industry whistleblowers before the SEC and CFTC, helping whistleblowers maintain their anonymity in presenting tips and helping them to secure financial awards as a result of their whistleblowing. In each of the past several years, he has been listed in New York Super Lawyers®.

In addition to Stone Law Group, Mr. Stone also serves as Of Counsel to the national complex litigation law firm of Johnson Fistel, LLP, in its New York City office.

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Kiran N. Gore, Esq.

Professional Lecturer in Law
George Washington University Law School

Kiran Nasir Gore is Counsel in the Law Offices of Charles H. Camp, PC, working on all facets of international dispute resolution.

Over the past 10 years, Ms. Gore has developed expertise in public and private international law, foreign investment strategies, and international dispute resolution. Her current and past clients include governments, corporations, institutions, and private individuals. Ms. Gore advocates before US courts, ad hoc arbitration panels, commercial and investment tribunals, and investigative authorities. In addition, she provides strategic advice on treaty law, conflict of laws, and legislative reform.

Ms. Gore supports GW Law’s International and Comparative Law Program by teaching Fundamental Issues in US Law, a course for foreign LLM students to better understand the US legal system, alongside two different legal research and writing courses. Ms. Gore is also the coach and advisor to GW Law’s Vis Commercial Arbitration Moot team, which competes in Vienna or Hong Kong each year. She has been involved with the Vis Moot since 2008, having served as a competitor, coach to various teams, and an arbitrator during Vis Moot events around the world.

She is frequently invited to speak at conferences and publish articles on international law, international development, and dispute resolution. She serves as Associate Editor of the ICSID Review – Foreign Investment Law Journal, Associate Editor of the Kluwer Arbitration Blog, and is a consultant to Wolters Kluwer’s international and comparative law publishing program, where she provides strategic advice on acquisition, development, and marketing of thought leadership content.

Previously Ms. Gore was a Senior Associate in the Washington, DC office of Three Crowns LLP, an elite global law firm focused on international dispute resolution (2014-2017); and before that, an Associate in the New York office of DLA Piper LLP, one of the world’s leading large law firms (2010-2014). Early in her career, Ms. Gore was a judicial intern to Hon. James C. Francis, IV, Magistrate Judge in the Southern District of New York and a law clerk in the Office of General Counsel of Michael Kors, Inc. USA, a publicly-traded luxury goods company.


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