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Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
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Arbitration — Can Arbitrators Compel Pre-Hearing Document Discovery from Third Parties? Circuit Split

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McGreal v. AT&T Corp., 2012 U.S. Dist. LEXIS 140686 (N.D. Ill. Sept. 24, 2012):

Footnote 7. The Circuits are split as to whether the FAA authorizes arbitrators to compel pre-hearing document discovery from third parties. The Sixth and Eighth Circuits have held that such power is implicit in the FAA's grant of power to compel document production for a hearing. See In re Sec. Life Ins. Co. of Am., 228 F.3d 865, 870-71 (8th Cir. 2000); Am. Fed'n of Television & Radio Artists, AFL-CIO v. WJBK-TV (New World Commc'ns of Detroit, Inc.), 164 F.3d 1004, 1009 (6th Cir. 1999). The Second, Third, and Fourth Circuits have read the "to bring with him" language in Section 7 of the FAA more narrowly to limit an arbitrator's authority to compel non-parties to produce documents only when they are testifying before the arbitrator. See Life Receivables Trust v. Syndicate 102 at Lloyd's of London, 549 F.3d 210, 216-17 (2d Cir. 2008); Hay Group, Inc. v. E.B.S. Acquisition Corp., 360 F.3d 404, 408-09 (3d Cir. 2004); COMSAT Corp. v. Nat'l Sci. Found, 190 F.3d 269, 275-76 (4th Cir. 1999). The Seventh Circuit has not addressed the issue.

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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