David Zaslowsky

May 28, 2008 | Law.com

International arbitrations can be factually complex. As a result, and to avoid and save on costs, practitioners and arbitrators have developed the widely accepted practice of replacing the direct testimony of witnesses in hearings with detailed written statements of the testimony of each witness, write Baker & McKenzie partners Lawrence Newman and David Zaslowsky. The same practice has not been as widely accepted in domestic arbitration proceedings.

By Lawrence W. Newman and David Zaslowsky

11 minute read

January 29, 2007 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie. write that Section 1782 of Title 28 of the U.S. Code (�1782) is a powerful, but probably much underutilized, weapon in the arsenal of those who practice in the international litigation arena. On the question of whether 1782 may be used in connection with an international arbitration proceeding, case law initially said, "No." But that may be changing.

By Lawrence W. Newman and David Zaslowsky

10 minute read

November 24, 2008 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write: The attorney-client privilege is part of the foundation on which is built the edifice of legal practice in this country. But lawyers who practice transnationally operate at their peril if they conduct themselves on the assumption that the laws of all other countries treat the privilege issue as we do in the United States. In-house lawyers, especially, can be in for a rude awakening if it is not until the middle of a litigation that they learn that there are countries in which the privilege for in-house lawyers simply does not exist.

By Lawrence W. Newman and David Zaslowsky

10 minute read

October 30, 2009 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, members of Baker & McKenzie, write that for about the past seven years, a Second Circuit decision permitting maritime attachments of electronic fund transfers at intermediary banks in New York has been a scourge to the conduct of international business and to banks in New York, until this month when the court reversed itself. With this one decision, they say, the Second Circuit has probably reduced by about 30 percent the number of civil cases that will be filed in the Southern District of New York and removed a burden on international commerce and New York banks.

By Lawrence W. Newman and David Zaslowsky

11 minute read

September 29, 2004 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write that the Supreme Court, in its recent decision in Sosa v. Alvarez-Machain, brought some much needed clarity to the Alien Tort Statute. Or did it?

By Lawrence W. Newman and David Zaslowsky

11 minute read

November 30, 2006 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write that while it is still appropriate to begin an analysis of choice of forum provisions in international contracts with the assumption that such clauses will ordinarily be enforced, it is not sufficient to end the analysis there. Certain statutes may be construed by state courts as a basis for not enforcing forum selection clauses.

By Lawrence W. Newman and David Zaslowsky

10 minute read

January 09, 2003 | Law.com

The 213-year-old Alien Tort Claims Act (ATCA) suddenly has the attention of many general counsel. Citigroup, Ford, Coca-Cola, ChevronTexaco and Nike have all been the subject of multimillion-dollar lawsuits brought under ATCA. Although the statute is intended to provide relief for conduct committed in violation of the law of nations, private companies may be vicariously liable for the acts of corrupt foreign governments.

By Lawrence W. Newman and David Zaslowsky

13 minute read

May 29, 2007 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, say that after 25 years of writing about and practicing in the fields of international litigation and arbitration, there are changes that are worth commenting on.

By Lawrence W. Newman and David Zaslowsky

10 minute read

April 29, 2003 | New York Law Journal

By Lawrence W. Newman And David Zaslowsky

10 minute read

May 28, 2009 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, discuss recent decisions that focused on problems with Winter Storm, where the Second Circuit allowed Rule B maritime attachments of U.S.-dollar EFTs if the defendant is either the originator or beneficiary of the transfer and the originator bank, beneficiary bank or intermediary bank is in New York. Given the burden imposed on banks from the huge number of Rule B cases and the risk to the dollar as the dominant currency of international commerce, they say, it would seem to be time for Congressional or other action that would have the effect of making clear that, consistent with the provisions of the UCC, EFTs may not be attached in transit.

By Lawrence W. Newman and David Zaslowsky

11 minute read