Filtered by Tag: Brazil

International Arbitration

Lawyers do not wear a robe and should instead wear formal business dress, though sometimes they dress casually.

1764555675753
Comments on Recent Cases: November 2025

When parties agree to arbitration instead of litigation, courts will defer to an arbitrator to make most of the rulings in a case. And while an arbitrator may decide whether the case before her is the kind of case the parties agreed to arbitrate, a court may still decide if any valid arbitration agreement exists.
Read More
1761496737912
Comments on Recent Cases: October 2025

Courts may dismiss litigation on summary judgment when there is no evidence that supports one side. Sometimes a party’s own self-serving statement may not be enough evidence to preclude summary judgment and justify a trial, but often it is.
Read More
1759151180796
Comments on Recent Cases: September 2025

Courts typically defer to the decisions of arbitrators, even when they believe that the arbitrators made a mistake. This is because federal law implements a policy where people can rely on arbitration being quick and final and not just the first step towards a lengthy litigation process. Still, people still attempt to appeal in court and, sometimes, they win.
Read More
1756123161817
Comments on Recent Cases: August 2025

Courts typically defer to the decisions of arbitrators, even when they believe that the arbitrators made a mistake. This is because federal law implements a policy where people can rely on arbitration being quick and final and not just the first step towards a lengthy litigation process. Still, people still attempt to appeal in court and, sometimes, they win.
Read More
1753707414615
Comments on Recent Cases: July 2025

While a plaintiff in litigation can recover money owed without a written contract on the principles of basic fairness, the existence of a written contract often prohibits recovery on fairness or “equitable” grounds. But litigants often debate when a written contract exists.
Read More

1764004558475
More Thoughts on Drafting Interrogatories

Interrogatories may also be useful to define what an adversary’s claims or defenses are. To that end, a party may ask an opponent to identify each fact that supports its claims or each instance of misconduct that it alleges. Although a party may be able to ask the same questions to a party at a deposition, an interrogatory is more likely to get a useful response and less likely to get an “I don’t know offhand” or some other incomplete answer.
Read More
1763393057459
More Thoughts on the Enforcement of Judgments

If a defendant does not voluntarily pay a judgment, the plaintiff must find assets that belong to the defendant and collect them. This process may be easy for some defendants if they have well-known assets or if details about their bank accounts were shared in discovery. But for others, plaintiffs may need to hire an investigator or use public records (like property records or vehicle registrations) to find assets.
Read More
1762780945588
Trade Secret Disputes

One problem in trade secret cases is that plaintiffs want to keep trade secrets a secret, but court filings are public documents. And so plaintiffs have to weigh the publicity from a lawsuit against the need to enforce their trade secret protections.
Read More
1760921013153
An Update on Discovery to Aid Litigation Outside of the United States

The American legal system allows litigants to compel the production of far more evidence before trial than many other systems. And it does not limit this power to proceedings taking place within the United States. Instead, pursuant to statutes like 28 U.S.C. §  1782 or CPLR 3102(e), litigants can ask American courts to compel discovery for use in proceedings abroad.
Read More
1760362841742
The Clerk's Office

Lawyers have a reputation for being self-important and rude. Members of the general public who litigate without lawyers have a reputation for being insane cranks. And clerks have to deal with a steady stream of both kinds of people every day. This can be frustrating.
Read More

1765180938834
International Arbitration

Lawyers do not wear a robe and should instead wear formal business dress, though sometimes they dress casually.
Read More
1762130018957
Litigation in the Kyrgyz Republic

At present, paper filings are still required in Kyrgyzstan. Pleadings must be submitted in person or by courier. There is no nationwide electronic filing system for courts yet, although limited email communication is sometimes allowed.
Read More
1759691027275
Litigation in Egypt

Lawyers are required to wear a robe during hearings—it is very similar in shape and color to the traditional French robe, reflecting the influence of civil law traditions in Egypt.
Read More
1756695281203
Gathering and Preserving Evidence in Litigation in Argentina

Our national procedure system (or Procedure Code) establishes two big ways of producing evidence before trial, even though both of them requires the involvement of the judge and, in one of them, of the counterparty also.
Read More
1754307464212
Litigation in Estonia

Lawyers do not wear a robe and should instead wear formal business dress, though sometimes they dress casually.
Read More