In a highly anticipated decision, the U.S. Supreme Court has granted certiorari in Servotronics, Inc. v. Rolls-Royce PLC, et al. and agreed to address the question of whether federal courts may authorize discovery pursuant to...more
On February 3, 2021, the U.S. Supreme Court issued its anticipated decision in Germany v. Philipp, a case implicating the exception to foreign sovereign immunity for claims arising out of “property taken in violation of...more
As we reported in our November 2, 2020 client alert, on September 22, 2020, the U.S. Court of Appeals for the Seventh Circuit ruled that 28 U.S.C. § 1782 cannot be used in support of Private Arbitration. We noted in our...more
Update on a Powerful Tool in the Pursuit of Evidence in International Arbitration -
Court of Appeal Decisions on Title 28 of the US Code § 1782 -
Introduction -
In our January 2020 newsletter, we examined Title 28...more
On September 22, 2020, the United States Court of Appeals for the Seventh Circuit unanimously ruled in Servotronics, Inc. v. Rolls-Royce PLC, et al, No. 19-1847, 2020 WL 5640466 (7th Cir. Sept. 22, 2020), that 28 U.S.C. §...more
On September 14, 2020, the United States Court of Appeals for the Third Circuit unanimously ruled in MZM Construction Co. Inc. v. New Jersey Building Laborers' Statewide Benefit Funds, Nos. 18-3791 & 19-3102, (3d Cir. Sept....more
On July 8, 2020, the United States Court of Appeals for the Second Circuit unanimously ruled in Hanwei Guo v. Deutsche Bank Securities Inc., J.P. Morgan Securities LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated,...more
On Monday, June 1, 2020, the Supreme Court of the United States addressed the scope of enforceability by non-signatories of arbitration agreements under the Convention on the Recognition and Enforcement of Foreign Arbitral...more
On March 30, 2020, the United States Court of Appeals for the Fourth Circuit ruled in Servotronics Inc. v. Boeing Co., 954 F.3d 209 (4th Cir. 2020) that U.S. federal courts may order parties to produce documents and testimony...more
Report from the 2019 Mayors’ Annual Energy Summit in Carlsbad, NM -
We attended the Mayors’ Annual Energy Summit again this year, on September 12, at the Walter Gerrells Civic Center Annex in Carlsbad, NM. The Mayors’...more
10/14/2019
/ Arbitration ,
CFIUS ,
Climate Change ,
DIFC ,
Energy Policy ,
Energy Sector ,
Energy Summit ,
Foreign Investment ,
Human Rights ,
Oil & Gas ,
Project Finance
The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) has ruled that federal courts in the United States may order parties to produce documents and testimony in support of private commercial arbitrations...more
In 1996, the U.S. Congress enacted, and President Clinton signed, the Cuban Liberty and Democratic Solidarity Act (Libertad) Act (the Helms-Burton Act or the Act).
The Helms-Burton Act was enacted, in part, to “protect...more
International dispute practitioners are well aware of the challenges that arise when the substance of foreign law is disputed in U.S. courts. Most practitioners are aware that the question is governed by Rule 44.1 of the...more
6/28/2018
/ Animal Science Products Inc v Hebei Welcome Pharmaceutical Co Ltd ,
Antitrust Violations ,
Application of Foreign Laws ,
China ,
Comity ,
Exports ,
FRCP Rule 44.1 ,
Judicial Deference ,
Price-Fixing ,
Question of Law ,
Reversal ,
SCOTUS ,
Sherman Act
Introduction -
On December 21, 2017, the U.S. Court of Appeals for the Ninth Circuit decided Vividus, LLC v. Express Scripts, Inc., affirming a decision by the U.S. District Court for the District of Arizona, and agreeing...more
On October 18, 2017, the U.S. District Court for the Southern District of New York (S.D.N.Y.) decided Sae Han Sheet Co. v. Eastman Chemical Corp., the latest in a series of cases to examine whether an out-of-state corporation...more
New York Appeals Court bars overseas enforcement of award -
On June 29, 2017, a New York state appellate court unanimously upheld an extraordinary lower court order in a decision that may have significant implications for...more
Introduction -
On June 29, 2017, a New York state appellate court unanimously upheld an extraordinary lower court order in a decision that may have significant implications for the cross-border enforcement and recognition...more
Introduction -
On January 26, 2017, the U.S. District Court for the Southern District of New York (S.D.N.Y.) decided Famular v. Whirlpool Corp., a case addressing the circumstances in which an out-of-state corporation may...more
On January 18, 2017, the United States Court of Appeals for the Second Circuit (Second Circuit) issued its decision in CBF Indústría de Gusa S/A v. AMCI Holdings, Inc., a case considering important questions on the...more
Introduction -
On December 16, 2016, President Obama signed into law the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (FCEJICA). The bill, which extends sovereign immunity to foreign states that...more
Introduction -
On October 14, 2016, the U.S. Court of Appeals for the Second Circuit (Second Circuit) issued a decision in Arch Trading Corp. v. Republic of Ecuador, a case addressing the expropriation exception to...more
On September 28, 2016, the U.S. Congress overwhelmingly voted to override President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA), a bill whose purpose was to curtail foreign states’ ability to invoke...more
10/12/2016
/ Barack Obama ,
Congressional Intent ,
Defense Sector ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
International Relations ,
Justice Against Sponsors of Terrorism Act (JASTA) ,
Legislative Vetoes ,
New Legislation ,
Political Debates ,
Presidential Veto ,
Private Right of Action ,
Sovereign Immunity ,
State Sponsors of Terrorism ,
Terrorist Acts
On August 24, 2016, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) issued its decision in Licci et al. v. Lebanese Canadian Bank, SAL, which involved claims brought against Lebanese Canadian Bank, SAL...more
On June 20, 2016, the U.S. Supreme Court issued its decision in RJR Nabisco, Inc. v. European Community, holding that provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) apply to conduct that occurs...more