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Court Opens Third Party's Files To Aid Private International Arbitration

Client Alert | 1 min read | 01.04.07

Crowell & Moring won a precedent setting victory on December 19, when the U.S. District Court for the Northern District of Georgia held in In re Roz Trading Ltd., No. 1:06-cv-02305-WSD, that a private arbitral panel qualified as a "tribunal" under 28 U.S.C. § 1782 thus permitting Roz to obtain documents from Coca-Cola in an international arbitration pending before the Vienna International Arbitral Centre against Uzbekistan and others. The court relied heavily on the Supreme Court's rationale in Intel Corp v. Advanced Micro Devices, 542 U.S. 241 (2004) to reject application of two prior Court of Appeals (2nd and 5th Circuits) decisions that had held Section 1782 did not apply to private arbitration, thus opening the door for government contractors who find themselves in arbitrated disputes with their foreign government customers and in need of discovery from entities located in the United States.

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Client Alert | 3 min read | 12.13.24

New FTC Telemarketing Sales Rule Amendments

The Federal Trade Commission (“FTC”)  recently announced that it approved final amendments to its Telemarketing Sales Rule (“TSR”), broadening the rule’s coverage to inbound calls for technical support (“Tech Support”) services. For example, if a Tech Support company presents a pop-up alert (such as one that claims consumers’ computers or other devices are infected with malware or other problems) or uses a direct mail solicitation to induce consumers to call about Tech Support services, that conduct would violate the amended TSR. ...