Civil Procedure International Trade

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Guide To Doing Business In Australia: Court & Legal System (Updated)

COURT AND LEGAL SYSTEM - The Australian legal system is modelled on the English common law system of judge-made (or case) law and written (statutory) law made by the various parliaments. The federal and state courts...more

State and Local Taxation: Headline News and Trends - April 2015

In This Issue: Megatrends and Developments, Business Activity Taxes, Transaction Taxes, Other Issues... ...more

Top Eight Things You Should Know About the Hague System For International Registration of Designs

U.S. applicants will soon be able to use a streamlined international filing procedure for design patents similar to the Madrid Protocol for trademark registrations. Currently, U.S. applicants seeking to protect designs in...more

Levitin v. Sony Music Entertainment - USDC, Southern District of New York, April 22, 2015

In copyright infringement action arising out of international release of song “Timber” by performing artists Pitbull and Kesha, district court dismisses claims against Sony Music Entertainment, which obtained license from...more

Vetting Court Reporters, Videographers, and Interpreters for International Depositions

Retaining certified and highly experienced court reporters, videographers and interpreters when taking depositions abroad will save money and ensure that the proceedings run smoothly. The following questions should be asked...more

Expedited Examination Options for Patent Applications Filed in the United States

In the United States, patents are granted and issued through the United States Patent and Trademark Office (USPTO). Each patent application received by the USPTO is examined by a United States patent examiner in the order it...more

Financial Regulatory Developments (FReD)

Headlines - Commission urges EP to accept MLD 4, ESMA consults on knowledge and competence guidelines, EU Court judges on plain and intelligible language, FCA fines Deutsche Bank £227 million for IBOR failings and misleading...more

Court of Appeal holds standard clause in bills of lading to be exclusive English jurisdiction clause

Hin-Pro International Logistics Ltd v Compania Sud Americana de Vapores SA [2015] EWCA Civ 401 - The Appellant Freight Forwarder commenced actions in China under 70 bills of lading, which incorporated the Respondent’s...more

New York court orders worldwide discovery from Spanish bank

In a recent decision that is now on appeal, a New York federal judge ordered a Spanish bank that maintained a New York branch to make inquiry of “all branches, within and without New York State,” for account information that...more

Privy Council Clarifies When Innocent Third Parties are Liable to Victims of Fraud

To what extent must a bank make inquiries as to the commercial purpose of a transaction, particularly a transaction involving an offshore structure? And when is a bank liable to compensate a victim of theft for receiving...more

Grace Under Pressure – Professionalism and Problem Solving

It has often been said that professionalism is not the job you do, it’s how you do the job. The truth of this old adage was made especially clear recently during depositions taking place in Tokyo. Unlike depositions in most...more

Judge Essex Holds That Nokia’s Handsets Infringe Two Of Interdigital’s Patents

Yesterday, Administrative Law Judge Essex issued a one-page notice of initial determination holding that Nokia’s 3G mobile handsets infringe the asserted claims of InterDigital’s U.S. Patent Nos. 7,190,966 and 7,286,847 (“the...more

Second Circuit Vacates Dismissal of $25M CDO Case Against Citi

On April 22, 2015, the Second Circuit vacated and remanded a district court’s decision dismissing on statute of limitations grounds claims Woori Bank brought against Citigroup Global Markets arising out of Woori’s purchase of...more

Dawn raids under scrutiny again by European Human Rights Court

ECtHR rules that French dawn raids in Vinci/GTM case breached fundamental rights - The European Court of Human Rights (the “ECtHR”) has ruled in the Vinci case that the circumstances surrounding the electronic removal of...more

Skechers, Cost Sharing Arrangements, and Canadian Customs Appraisal

In the first three months of 2015, importers have witnessed major Canadian customs valuation law and policy changes. On January 19, 2015, the Canada Border Services Agency (CBSA) issued Customs Notice 15-001, “Treatment of...more

Landmark UK Data Protection Ruling

The English Court of Appeal has recently handed down a landmark decision confirming that an individual can recover damages under the UK’s Data Protection Act 1998 (the “Act”) for non-financial losses....more

NGO Study Outlines Best Practices for SEC Conflict Minerals Rule Compliance

On April 22, 2015, two human rights non-governmental organizations, Amnesty International and Global Witness, published a report, Digging for Transparency (the “Report”), analyzing compliance by US reporting companies with...more

Warning, Offshore Accounts Holders May Have No Fifth Amendment Protections

In what is becoming an increasingly used attack vehicle, the Department of Justice (DoJ) is using the "required records doctrine" to compel taxpayer's to produce what may be incriminating evidence of ownership or control of...more

Change to Civil and Commercial Proceedings | Procédure civile et commerciale

A new obligation requires parties to seek amicable resolution to a dispute before referring it to the court. A New Obligation Entered into Force on 1 April 2015 - Since 1 April 2015, parties to a civil or...more

Seventh Circuit Affirms Dismissal of EU 261 Claims - Direct Claims Under EU 261 Are Only Actionable in EU Member States

The ruling by the U.S. Court of Appeals for the Seventh Circuit in Volodarskiy v. Delta Airlines, Inc. follows numerous District Court opinions holding that EU 261 does not provide a right of action enforceable outside the EU...more

Senju Pharm. Co., Ltd. v. Metrics, Inc.

Case Name: Senju Pharm. Co., Ltd. v. Metrics, Inc., Civ. No. 14-3962-JBS/KMW, 2015 U.S. Dist. LEXIS 41504 (D.N.J. Mar. 31, 2015) (Simandle, J.) ....more

Helping U.S. Patent Applicants Get Speedy Examination

U.S. patent applicants often have an interest in expediting the patent examination process. The desire to speed examination can result from issues related to the availability of an inventor, possible infringing activity by a...more

Texas Justice Provides an Evidence Solution

Have you ever been in a situation where you have reliable information that an organization has infringed your intellectual property rights, but you do not have actual “evidence” in-hand? This article discusses a procedure...more

Orrick's Financial Industry Week in Review

ICMA Issues Updated Legal Opinions On GMRA - On April 9, the International Capital Market Association (ICMA) published the 2015 legal opinions on the Global Master Repurchase Agreement (GMRA), the principal standard...more

U.S. Court’s Power to Compel Compliance with U.S. Discovery Arises Only with Jurisdiction (Ohio)

Lunkenheimer Co. v. Tyco Flow Control Pacific Party Ltd., 2015 WL 631045 (S.D. Ohio Feb. 12, 2015). In this international civil case, an intervenor/counter-defendant sought to compel compliance with a discovery order for...more

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