Fitch Law Partners LLP
Excellence in Complex Litigation
617-542-5542

International Litigation & Arbitration: September 2012 Archives

Lance Armstrong's Legal Battle Questions Fairness of Arbitration

Lance Armstrong's defense against the persistent doping allegations leveled against him, and the athlete's subsequent refusal to participate in the U.S. Anti-Doping Agency's prosecution of several doping-related charges against him, dominated sports headlines this summer. Interestingly, Armstrong's battle against the USADA also cast a spotlight on oft-cited concerns about due process in arbitration.

The International Effort to Regulate and Criminalize Cyberattacks

It was recently revealed that the United States government has been launching cyberattacks on Iran's nuclear enrichment program's computer systems for years, with the purpose of delaying and obstructing the development of what U.S. intelligence believes are nuclear weapons. These attacks, launched with the help of computer experts in Israel, were mostly contained to nuclear facilities. However, in the summer of 2010, one of the "worms" developed by the U.S. and Israel - nicknamed "Stuxnet" - broke through the network and began infecting computers on the worldwide Internet, leading to calls for increased regulation of cyberattacks.

Obtaining Discovery From Massachusetts Witnesses For Use In An Out Of State Action

It is not uncommon for litigants in proceedings pending outside of Massachusetts to need documents or testimony from witnesses who reside in Massachusetts.  Even when the witness is willing to provide the requested information voluntarily, it is wise to serve a subpoena to minimize the delay if the witness changes his mind and decides not to cooperate.  Indeed, even a "friendly" subpoena carries the threat of contempt sanctions for noncompliance and therefore serves as a powerful deterrent if the witness gets cold feet.  A subpoena also has the advantage of preventing the witness from appearing predisposed to provide evidence favorable to the requesting party as may be the case if the evidence is voluntarily provided.

Supreme Court Reaffirms FAA's Pro-Arbitration Policy

In a harshly worded per curiam decision, the U.S. Supreme Court recently reaffirmed the broad reach of the Federal Arbitration Act ("FAA") and restated that the FAA "reflects an emphatic federal policy in favor of arbitral dispute resolution." The FAA is the federal statute that regulates the relationship between the judicial process and arbitration.

Split Over Enforceability of Unsigned International Arbitration Agreements

Arbitration clauses in international contracts have become increasingly common.  Many global companies include arbitration provisions in their standard, pre-printed documents, such as estimates, purchase orders, and invoices.  Are these arbitration clauses effective in international commerce?  The answer, surprisingly, is "probably not."

Supreme Court's Decision Partial Victory for Obama

On the last week of the current term, the Supreme Court announced its decision in the watershed case of Arizona v. United States, granting the Obama administration a partial victory over the state of Arizona and its efforts to expand the enforcement of undocumented immigration.

Contact Us

Fitch Law Partners LLP
1 Beacon Street
Boston, MA 02108

Phone: 617-542-5542
Fax: 617-542-1542
Boston Law Office Map

Fitch Law Partners LLP
56 Pine St
Providence, RI 02903

Phone: 401-521-6500
Fax: 401-274-2780
Providence Law Office Map

Fitch Law Partners LLP
110 Cedar Street
Suite 250
Wellesley Hills, MA 02481

Phone: 617-542-5542
Fax: 617-542-1542
Map & Directions