Civil Procedure, Commercial Law & Contracts, International Law & Trade

Patent Watch: Motiva, LLC. v. Int'l Trade Comm'n

by Lawrence M. Sung | BakerHostetler on 5/15/2013

The "Commission is fundamentally a trade forum, not an intellectual property forum" [and] litigation expenses directed at preventing, instead of encouraging manufacture of, articles incorporating patented technology does not...more

New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become...

by Gordon Bell, Elinor Crowther | Reed Smith on 5/13/2013

On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board - The standard FIDIC form of contract contains a tiered...more

Automotive Legal News - May 2013 • 2nd Quarter

by John Anderson, Sr., James M. Burns, M. Kimberly Stagg, Richard Wilhelm | Dickinson Wright on 5/9/2013

IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring...more

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

by Jonathan M. Cohen, Katrina Johnson | Gilbert LLP on 5/9/2013

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,...more

Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants

by Ron Cai, Victoria Ding | Davis Wright Tremaine LLP on 5/6/2013

On Jan. 18, 2013, the Supreme People’s Court of China promulgated Judicial Interpretation IV on Several Issues Concerning the Application of Law in Hearing Labor Dispute (the “Interpretation”). The Interpretation went into...more

Federal Circuit Review - Volume 3 | Issue 4 - April 2013

by Knobbe Martens Olson & Bear LLP on 5/2/2013

In This Issue: • Double Patenting Applies With Distinct Inventive Entities • Inducement Judgment Remanded in Light of Akamai • First Sale Doctrine Applies to Sales Made Abroad - Excerpt from Double...more

The English Court of Appeal confirms the effectiveness of Certificates of Acceptance in aircraft leasing transactions

by Adrian Beasley, Justin Benson, Jason Yardley | White & Case LLP on 5/1/2013

The Court of Appeal’s recent decision in Olympic Airlines SA (in special liquidation) v ACG Acquisition XX LLC [2013] EWCA Civ 369 gives welcome comfort to lessors that properly drafted Certificates of Acceptance will provide...more

Where Do Your Interests Lie Under Chapter 15 of the Bankruptcy Code? Determining a foreign debtor’s “center of main interests”...

by Eric R. Blythe, Kevin J. Walsh | Mintz Levin - Bankruptcy, Restructuring &... on 5/1/2013

When doing business with a foreign company, it is important to identify the company’s “center of main interests” (“COMI”) as creditors may find themselves bound by the laws of the COMI locale. If a company initiates...more

Appeals Court Dismisses Challenge To SEC Resource Extraction Rules

by Ethan Mark | Leonard, Street and Deinard - Dodd-Frank and... on 4/30/2013

In 2012 ,the SEC adopted final rules requiring public companies engaged in certain oil and gas activities to disclose payments made to domestic and foreign governments as required by the Dodd-Frank Act. The rules were...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 26, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 4/29/2013

- Viacom International v. Google Inc., USDC S.D. New York, April 18, 2013: On remand from the Second Circuit, district court grants summary judgment in favor of Google and its YouTube platform on all copyright...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

Kiobel v. Royal Dutch Petroleum: Beyond the Alien Tort Statute—Broadly Extending the Presumption Against the Extraterritorial...

by Lindsay Leonard, Owen Pell, Spencer Willig | White & Case LLP on 4/26/2013

Since the Second Circuit decided Filártiga v. Pena-Irala in 1980, plaintiffs have deployed the Alien Tort Statute (“ATS”) to great effect against multinational corporations. The statute — which had lain dormant since 1789 —...more

Lawyers Claim Carnival Nightmare Cruise Employees Overworked

by Aaron Kase | Lawyers.com on 4/22/2013

At the root of an uptick in cruise ship mishaps and disasters may be overworked and fatigued crew members, a maritime law firm is claiming. The spread of foreign arbitration clauses in employee contracts that prevent workers...more

Supreme Court Ruling Limits Extraterritorial Application Of Alien Tort Statute

by Joseph Mamounas, Rafael R. Ribeiro, Marty Steinberg | Bilzin Sumberg Baena Price & Axelrod LLP on 4/22/2013

U.S. companies with, or that were seeking to acquire, foreign operations often fretted over the possibility that plaintiffs in the foreign jurisdiction would seek to invoke the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350,...more

Corporate and Financial Weekly Digest - April 19, 2013

by Katten Muchin Rosenman LLP on 4/22/2013

In this issue: - FINRA and ISG Extend Effective Date for Certain Electronic Blue Sheet Data Elements - NFA Amends FCM Capital Requirements for Forex Transactions with ECPs - Delaware Supreme Court Upholds...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

ZVertriebsR - Zeitschrift für Vertriebsrecht - Christoph Kocks und Uta Bröckerhoff "Die Anwendung des Gesetzes über...

by Kocks & Partners Rechtsanwälte Belgien on 4/16/2013

RA Christoph Kocks und RÄin Uta Bröckerhoff Die Anwendung des Gesetzes über vorvertragliche Informationen auf Franchiseverträge in Belgien Einleitung Das Gesetz vom 19. Dezember 2005 über vorvertragliche Information im...more

Judicial Review Applications Challenging Minister’s Alleged Violation Of Voluntary Disclosure Policy And MAP Agreement Allowed To...

by David Spiro | Dentons on 4/15/2013

In Sifto Canada Corp. v. Minister of National Revenue, 2013 FC 214, Prothonotary Aalto of the Federal Court rejected the Crown’s motion to strike out judicial review applications filed by Sifto Canada Corp. challenging...more

The fate of Argentina's debt restructuring is getting closer

by Sheppard Mullin Richter & Hampton LLP on 4/15/2013

In what the Financial Times has called “the sovereign debt restructuring case of the century,” Argentina has timely submitted its proposal as requested by the U.S. Court of Appeals for the Second Circuit, with which it is...more

Customizing an International Arbitration Clause: Strategies for Success

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/12/2013

There is no question that international commercial arbitration is becoming, more and more, a preferred method of resolving large scale international business disputes. In crafting clauses that could lead to such arbitrations,...more

Franchising in Ontario - April 2013

by Lia Bruschetta, Mary Paterson, Aislinn Reid | Osler, Hoskin & Harcourt LLP on 4/9/2013

Zwaniga v. Johnvince Foods: A Warning Against Improperly Naming Defendants as “Franchisor’s Associates” - In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a...more

Gaming Legal News - March 22, 2013 • Volume 6, Number 7

by Michael D. Lipton, Ryan M. Shannon, Jack Tadman, Kevin J. Weber | Dickinson Wright on 3/27/2013

In This Issue: - “NO MORE BETS”: ONTARIO COURT OF APPEAL DISMISSES “FLOATING BALL”1 CASE: “The process of removing a floating ball from the wheel, declaring a ‘nospin’, and rendering all bets void has no...more

Courts Diverge on the Reach of Personal Jurisdiction in FCPA Cases Against Foreign Defendants

by King & Spalding on 3/13/2013

Last month, two federal judges in the Southern District of New York reached differing conclusions about the minimum contacts required for U.S. courts to exercise personal jurisdiction over foreign defendants in civil...more

Frito-Lay: CITT Lays Down the Law

by Darrel H. Pearson | Bennett Jones LLP on 3/12/2013

The Canadian International Trade Tribunal decision in Frito-Lay v. President of the CBSA, AP-2010-002 (December 21, 2012), reasons January 8, 2013, teaches Canadian importers and the CBSA a number of important lessons. Three...more

U.S. Court of Appeals (2nd Circuit) Orders Argentina To Submit Proposal For Alternative Payment Plan To Avoid Debt Default......

by Gabriel Matus | Sheppard Mullin Richter & Hampton LLP on 3/11/2013

On March 1, 2013, the U.S. Court of Appeals for the Second Circuit ordered Argentina to submit its proposal for the terms on which it is prepared to make payment on approximately $1.3 billion of unpaid debt obligations...more

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Civil Procedure › Commercial Law & Contracts › International Law & Trade