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David Zaslowsky

David Zaslowsky

July 25, 2013 | New York Law Journal

Serving Foreign Parties by Serving Their U.S. Lawyers

In their International Litigation column, Baker & McKenzie's Lawrence W. Newman and David Zaslowsky write that what emerges from the cases involving foreign service of process is that courts do not seem to want such issues to be an obstacle to the pursuit of a case on the merits. Practitioners may be surprised to learn that the threshold for the use of Rule 4(f)(3), including as to how it relates to service on lawyers, is not so hard to cross as they may have believed.

By Lawrence W. Newman and David Zaslowsky

11 minute read

October 13, 2011 | New York Law Journal

Recent Developments Under Section 1782

In their International Litigation column, Lawrence W. Newman and David Zaslowsky of Baker & McKenzie: There can be no debate that the Section 1782 case that has garnered more attention than any other is the Chevron case, an environmental contamination case in Ecuador that recently resulted in an $18 billion judgment, but even prior to entry of the judgment, Chevron had commenced a Section 1782 proceeding to support its claim that the lawsuit in Ecuador was a product of corruption and bribery.

By Lawrence W. Newman and David Zaslowsky

11 minute read

November 29, 2012 | New York Law Journal

The Fourth Arbitrator: Contrasting Guidelines on Use of Law Secretaries

In their International Litigation column, Lawrence W. Newman and David Zaslowsky of Baker & McKenzie write that although arbitration has long had a practice of arbitrators' doing their own work, this is not the universally followed practice. Recent guidelines issued by the International Chamber of Commerce and JAMS have dealt with the issues raised by the use of "law secretaries," and do so in markedly different ways.

By Lawrence W. Newman and David Zaslowsky

11 minute read

July 26, 2012 | New York Law Journal

Enforcing Arbitration Awards Under Investment Disputes Convention

In their International Litigation column, Lawrence W. Newman, of counsel at Baker & McKenzie, and David Zaslowsky, a partner at the firm, look at the practicalities of enforcing an ICSID award in the United States and certain best practices recommended by a recent New York City Bar report.

By Lawrence W. Newman and David Zaslowsky

11 minute read

March 22, 2012 | New York Law Journal

Suing a Country Because Its Courts Are Too Slow

In their International Arbitration column, Lawrence W. Newman and David Zaslowsky, members of Baker & McKenzie, write: "Wouldn't it be wonderful if, in the event of unjustified delays in enforcing an arbitral award in the courts of a country, the holder of the award could bring an investment arbitration claim against that country's government? A recent arbitral decision has created that possibility, albeit with limitations."

By Lawrence W. Newman and David Zaslowsky

11 minute read

June 01, 2012 | New York Law Journal

In Wake of Dewey, Considering Alternative Business Structures

Lawrence W. Newman and David Zaslowsky, members of Baker & McKenzie, ask: Could there have been a different outcome to the Dewey & LeBoeuf debacle if it had made what appears to have been ill-advised management decisions in the context of a different regulatory regime that permitted a different capital structure?

By Lawrence W. Newman and David Zaslowsky

12 minute read

April 29, 2003 | New York Law Journal

International Litigation

By Lawrence W. Newman And David Zaslowsky

10 minute read

March 24, 2011 | New York Law Journal

Soft Law Guides Parties on Procedures in International Arbitration

In their International Litigation column, Lawrence W. Newman and David Zaslowsky, members of Baker & McKenzie, write that arbitration, compared to proceedings in courts, is almost free of procedural rules, leaving much to the parties and the arbitrators to determine how proceedings are conducted. In an effort to provide some guidance, a number of groups of experienced practitioners have published checklists, prescriptive statements and "best practices" that can benefit those planning for and managing arbitration proceedings.

By Lawrence W. Newman and David Zaslowsky

10 minute read

July 30, 2007 | New York Law Journal

International Litigation

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write that a recent decision now on appeal may force the Second Circuit to answer certain interesting questions that the court has heretofore saved for another day concerning jurisdictional requirements that must be met in seeking to enforce a non-U.S. arbitral award against a foreign sovereign.

By Lawrence W. Newman and David Zaslowsky

12 minute read

January 27, 2011 | New York Law Journal

Do Corporations Now Have Less Risk Under the Alien Tort Statute?

In their International Litigation column, Lawrence W. Newman and David Zaslowsky, members of Baker & McKenzie, write that the question of whether corporations can be subject to liability under the ATS has been an open one for decades. Recently, however, the Second and Ninth circuits have answered the question by holding that corporations may not be sued under the ATS or the TVPA, reasoning that those statutes are not intended to address wrongs committed by companies.

By Lawrence W. Newman and David Zaslowsky

11 minute read