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Last week, a prominent former ECJ judge, Mr. Melchior Wathelet, who now sits as one of nine Advocates General that issue opinions on matters before the ECJ, cast doubt on whether the decision in West Tankers1 is an accurate interpretation of the Brussels I Regulation (44/2001) (the "Regulation").

A unanimous panel of the New York Appellate Division for the First Department last week adopted the standards articulated in Zubulake v. UBS Warburg LLC, 220 F.R.D 212 (S.D.N.Y 2003) for determining which party should incur the costs of searching for, retrieving, and producing both electronically stored information ("ESI") and physical documents requested as part of the discovery process.