Updates to Local Rules Affect Pro Hac Vice Admissions

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As of June 10-12, 2014, the federal court in D.C. updated certain rules, which affect both (1) pro hac vice admission, and (2) admission, generally:

The first rule imposes a $100 fee on pro hac vice admission, which brings the practice in federal court in line with the pro hac vice fees required in D.C. Superior Court.  The full rule change can be found here.

The second rule change affects the eligibility for general (non-pro hac) admission to the Court.  First, in-house counsel who practice outside the state of their admission are eligible to join the court.  Second — and perhaps more significantly — the rule change eliminates the requirement that non-D.C. lawyers be admitted to a federal court with a reciprocal admission policy. The full rule change can be found here.

While many more foreign attorneys are now eligible for direct admission to the D.C. bar, and are not restricted to pro hac vice admission, local counsel may be preferable for lawyers with few cases in D.C., due to the long gap in time between application and admission, special swearing-in required, and deep expertise of regular practitioners in the local rules, practices, quirks, and bar.  Contact Ryan Posey (202-643-2525) or Jake Lebowitz (202-524-0123) to discuss your case.

How to enforce a foreign arbitral award in Washington D.C.

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The enforcement of foreign arbitral awards in the U.S. is governed by the New York Convention.  An award must be enforced within three years of the decision of the arbitrators — regardless of the exhaustion of post-award remedies. 9 U.S.C. § 207. See Transport Wiking Trade Schiffarhtsgeseellschaft MBH & Co. v. Nivimpex Centrala Navala, 989 F.2d 572, 581 (2d Cir. 1993).

For example, if you get an arbitration award in Stockholm against a U.S. company, you cannot wait through the exhaustion of Swedish court review of the arbitration award.  Enforcement proceedings should be begun within 3 years in the U.S. (even if ultimately stayed pending the other courts’ review).

Mr. Posey earned an LL.M. in international arbitration at Stockholm University, and has both the international experience and the local knowledge to help your clients cost-effectively preserve their rights and enforce (or oppose) arbitral awards.

Broad Litigation Experience Provides Value in Local Counsel

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Mr. Posey’s assistance as local counsel in Washington D.C. — or even co-counsel — can help you win your case.  Mr. Posey has extensive litigation experience in a wide variety of substantive areas.  While primarily focusing his own practice on business disputes, commercial litigation, and complex personal injury/wrongful death cases, Mr. Posey has also litigated construction defect, ERISA, intellectual property, and consumer finance cases, and Mr. Posey has advised and individuals businesses on the UCC, CISG, entertainment contracts, and executive employment contracts.  This broad base of experience will allow us to get up and running with your client’s needs as quickly as possible — and to discuss with you the types of arguments that persuade judges and opposing counsel in D.C.

For example, a former large firm colleague, now working in-house, recently reached out to Mr. Posey to move to dismiss an action brought by a former executive in Washington, D.C.   After brief discussions on strategy and collaboration on the Motion to Dismiss brief, the plaintiff voluntarily dismissed the case from the U.S. District Court for the District of Columbia, so that the litigation could proceed in the client’s home (preferred) jurisdiction.

How to find good local counsel in the D.C. area

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Because D.C. is the center of government and many industries, attorneys around the country often need to litigate in Washington, D.C., Maryland, and Virginia.  You need good local counsel — to guide you through local procedures, provide extra hands as needed, and provide timely and responsive updates.

Mr. Posey’s local counsel services are not just a “mail-drop.”  We give you the local experience necessary to ensure you and your clients are represented just like in your home jurisdiction.

The Eastern District of Virginia is often referred to as the “Rocket Docket” because cases can go from inception to trial in no time.  Knowledge of this court’s quirks (setting Friday motions, e.g.) will help ensure you are not left in the dust.  Posey Lebowitz PLLC has the resources and capacity to ensure excellent local legal support in any of the D.C.-area federal courts.

Mr. Posey can be reached at 202-643-2525 to discuss the needs of your client or case.

Opening a new federal case in D.C. or D.Md.? It’s all electronic

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Electronic case opening is now mandatory in federal court in District of Columbia and Maryland.  That means no more paper.  The electronic process requires a technologically savvy local counsel who can comply with all local requirements.

Mr. Posey has successfully opened new cases via these systems in Maryland and D.C.  You can be sure that a lawyer — not a paralegal or administrative assistant — will perform the electronic case opening.

Electronic case opening has several advantages:

  • eliminates the lead time necessary for couriers or attorneys going physically to court;
  • eliminates copying and printing costs, and
  • allows receipt of as-filed complaint and summons in minutes or hours, not days.

Below are resources to help you understand: