Business Organization, Civil Procedure, International Law & Trade

Transfer $8 Million Out Of Accounts In New York? That Action Alone Is Not Sufficient To Establish Personal Jurisdiction

by Mark McGrath | Sheppard Mullin Richter & Hampton LLP on 5/7/2013

In Henkel v. Masiero, Index No. 650425/2012 (N.Y. Sup. Ct., N.Y. Cnty. Mar. 18, 2013) (the “Opinion”), the Supreme Court (J. Bransten) granted the defendants’ motion to dismiss for lack of personal jurisdiction on the grounds...more

The Supreme Court Again Revisits (And May Rein In) Personal Jurisdiction: Two Cases Now Up Next Term

by Grant Esposito, Brian Matsui | Morrison & Foerster LLP on 4/30/2013

On April 22, 2013, the Supreme Court granted review in another personal jurisdiction case: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22, 2013). The question presented in DaimlerChrysler is “whether it...more

United States Supreme Court Decides Question of Corporate Liability Under Alien Tort Statute On Broader Grounds

by Robin Achen, John Stigi | Sheppard Mullin Richter & Hampton LLP on 4/26/2013

In Kiobel v. Royal Dutch Petroleum Co., No. 10-1491, 2013 WL 1628935 (U.S. Apr. 17, 2013), the Supreme Court of the United States addressed the circuit split that arose following the 2010 decision of the United States Court...more

Supreme Court to Consider General Jurisdiction Over Foreign Parent Based on U.S. Subsidiary

by Jason Britt | Foley & Lardner LLP on 4/26/2013

On Monday, April 22, the United States Supreme Court agreed to hear DaimlerChrysler AG v. Bauman, which asks whether a foreign parent corporation can be subject to suit in the United States for wrongs allegedly committed by a...more

Taxpayer Challenges Validity of IRS Transfer Pricing Regulation

by Steven Hannes | McDermott Will & Emery on 4/19/2013

In a petition recently filed in the U.S. Tax Court, a taxpayer has challenged the Internal Revenue Service (IRS) regulation that provides that the IRS can reallocate income between affiliates even when foreign law prohibits...more

The Alien Tort Statute: Kiobel Dials It Back

by Jeremy D. Frey, Frank Razzano, John Snodgrass | Pepper Hamilton LLP on 4/19/2013

In Kiobel v. Royal Dutch Petroleum Co., No. 10-1491 (U.S. Apr. 17, 2013), the U.S. Supreme Court held that the presumption against extraterritoriality applies to claims under the Alien Tort Statute (ATS). Consequently, there...more

Supreme Court Holds that Plaintiffs Must Overcome Presumption Against Extraterritoriality in Alien Tort Statute Cases

by Alexandra Meise Bay | Foley Hoag LLP - Corporate Social... on 4/18/2013

Earlier today the Supreme Court issued its long-awaited ruling in Kiobel v. Royal Dutch Petroleum, the case that was to decide whether the Alien Tort Statute (“ATS”) could be applied to corporations as legal persons and...more

Client Insight: SCC Resolution on offshore entities' disclosure of beneficial owners

by Pavel Boulatov, Grigory Chernyshov | White & Case LLP on 4/15/2013

This alert examines a recent resolution of the Presidium of the Supreme Commercial Court of the Russian Federation (“SCC”) dated 26 March 2013 No. 14828/12 on case No. ?40-82045/11 (the “Resolution”). The Resolution addresses...more

Cyprus: The Day After - The sun will still shine bright

by Pavlos Aristodemou | Harney Westwood & Riegels on 4/10/2013

Introduction - Cyprus has been in the spotlight recently due to the negotiations with what has become known as the troika (the International Monetary Fund, the European Central Bank and the European Commission)...more

Recent judgment a reminder of Hong Kong Court’s limited jurisdiction over foreign companies

by Adrienne Chan, Ian Mann | Harney Westwood & Riegels on 3/18/2013

We are reminded that shareholders of BVI holding companies may well have to look to the BVI Court to resolve unfair prejudice claims in seeking a buy-out order or other relief....more

Directors Owe No Duty To Foreign Residents

by Matthew Fleming | Dentons on 3/15/2013

Originally Published in Legal Alert, Vol. 31, No. 5. Directors of Canadian companies with operations outside of Canada can take comfort in the Ontario Court of Appeal’s recent decision in Piedra v. Copper Mesa Mining...more

New FCPA Decision: How Long is the FCPA’s Reach?

by Paul T. Friedman, Adam Hunt, Ruti Smithline | Morrison & Foerster LLP on 2/15/2013

A little more than a year after Deustche Telekom (“DT”) and Magyar Telekom entered into multi-million dollar settlements with the SEC and DOJ to resolve claims that the two companies violated the FCPA, three former Magyar...more

District Court Reinforces Broad Territorial Reach of the FCPA

by Benjamin D. Klein, Daniel Levin, George J. Terwilliger III | Morgan Lewis on 2/13/2013

Decision in Magyar Telekom case maintains that engaging in unlawful conduct abroad that is "directed toward the United States, even if not principally directed there," may trigger personal jurisdiction....more

BVI Case Notes: Derivatives, double derivatives and unfair prejudice

by Phillip Kite, Claire Robey, Andrew Thorp | Harney Westwood & Riegels on 1/20/2013

Harneys continues to provide a regular roundup of recent case notes from the British Virgin Islands Commercial Court. In this edition we report on recent court guidance on leave to bring derivative proceedings and double...more

Is the legal environment changing for Russia-related transactions? What new challenges will parties face and how should they...

by David Crook, Andrei Donstov, David Goldberg | White & Case LLP on 1/15/2013

A dynamic market - Russia is a dynamic, developing growth market, with a constantly changing legal environment. Right now Russia is seeing an upturn of activity in corporate transactions of all kinds: mergers and...more

Patton Boggs Reinsurance Newsletter - December 2012: Iowa Federal Court Dismisses Claims Against Bermuda Reinsurance Affiliates

by Patton Boggs LLP on 1/2/2013

In this long term insurance benefits dispute, claims were brought by the policyholder against Bermuda-based reinsurance companies affiliated with the insurer. The Bermuda companies (and others) filed a motion for judgment on...more

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Business Organization › Civil Procedure › International Law & Trade

Transfer $8 Million Out Of Accounts In New York? That Action Alone Is Not Sufficient To Establish Personal Jurisdiction

The Supreme Court Again Revisits (And May Rein In) Personal Jurisdiction: Two Cases Now Up Next Term

United States Supreme Court Decides Question of Corporate Liability Under Alien Tort Statute On Broader Grounds

Supreme Court to Consider General Jurisdiction Over Foreign Parent Based on U.S. Subsidiary

Taxpayer Challenges Validity of IRS Transfer Pricing Regulation

The Alien Tort Statute: Kiobel Dials It Back

Supreme Court Holds that Plaintiffs Must Overcome Presumption Against Extraterritoriality in Alien Tort Statute Cases

Client Insight: SCC Resolution on offshore entities' disclosure of beneficial owners

Cyprus: The Day After - The sun will still shine bright

Recent judgment a reminder of Hong Kong Court’s limited jurisdiction over foreign companies

Directors Owe No Duty To Foreign Residents

New FCPA Decision: How Long is the FCPA’s Reach?

District Court Reinforces Broad Territorial Reach of the FCPA

BVI Case Notes: Derivatives, double derivatives and unfair prejudice

Is the legal environment changing for Russia-related transactions? What new challenges will parties face and how should they...

Patton Boggs Reinsurance Newsletter - December 2012: Iowa Federal Court Dismisses Claims Against Bermuda Reinsurance Affiliates

Court Finds Personal Jurisdiction over Foreign Business Under a Conspiracy Theory

Foreign Issuers Take Note: The Expanding Reach of Ontario Securities Law

November 2012: Appellate Litigation Update

Corporate and Financial Weekly Digest - November 2, 2012

Obtaining information about a BVI company by Court order

Commercial Restructuring & Bankruptcy Alert - October 2012

Iranian Sanctions Extended by Executive Order

Corporate and Financial Weekly Digest - October 12, 2012

Parental Liability: The Importance of Following the Rebuttal Procedure Carefully

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