Civil Procedure International Trade Conflict of Laws

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Collective Consultation Obligations: Restoring the “Establishment” Test

Court clarifies the threshold for triggering collective consultation obligations. On 30 April, the European Court of Justice (ECJ) issued its decision on whether the UK Employment Appeals Tribunal (EAT) was right to...more

Asymmetrical Jurisdiction Clauses: Where Are We Heading?

On 25 March 2015, France’s highest court, the Cour de cassation, once again ruled against the validity of a contractual asymmetrical jurisdiction clause, this time on the basis that it was contrary to Article 23 of the 2007...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

SEC Sanctions Chinese Accounting Firms for Refusal to Surrender Documents

On February 6, 2015, the U.S. Securities and Exchange Commission (SEC) imposed sanctions against four China-based accounting firms for their refusal to surrender documents in conjunction with an investigation of potential...more

Washington Federal Court Finds Nuisance Claims Displaced by CERCLA

Expanding the reach of the federal displacement doctrine and the U.S. Supreme Court’s decision in AEP v. Connecticut, a federal district court for the first time held that the Comprehensive Environmental Response,...more

China Auditor Update: SEC and Chinese Audit Firms "Settle" for the Status Quo

In an Order of Settlement released February 6, 2015, the SEC agreed to stay the administrative action against the Chinese affiliates of the “Big Four” accounting firms for refusing to turn over their audit work papers...more

Federal Circuit Review - November 2014

Japan Airlines Activities For US Government Cannot Infringe - In IRIS CORP. v. JAPAN AIRLINES CORP., Appeal No. 2010-1051, the Federal Circuit affirmed a decision to dismiss due to a conflict of laws. IRIS owns...more

Holiday pay: the verdict

The Employment Appeal Tribunal (EAT) has today handed down judgment in the closely observed holiday pay appeals in Bear Scotland v Fulton and Baxter, Hertel (UK) Ltd v Wood and others; and Amec Group Ltd v Law and others (the...more

Patent Protection for Isolated Genetic Sequences Upheld in Australia

Last year in AMP v Myriad Genetics, the U.S. Supreme Court concluded that isolated, naturally occuring DNA are not patent eligible, which caused considerable consternation in the biotech community. However, this does not...more

The USPTO Patent Subject Matter Eligibility Guidance TRIPS Over Treaty Requirements

The “Myriad-Mayo” patent subject matter eligibility guidance issued March 4, 2014 reflects the USPTO’s interpretation of Supreme Court cases interpreting and applying 35 USC § 101 to claims involving laws of nature, natural...more

UK High Court confirms jurisdiction to grant cross-border declaration of non-infringement

In Actavis Group HF v. Eli Lilly & Co. the UK High Court has granted a declaration of non-infringement in the UK, France, Italy and Spain. A jurisdictional challenge in relation to the French, Italian and Spanish...more

Germany: CJEU postpones showdown on German gambling regulations

In a decision that has long been awaited by the industry and the legislator alike, the European Court of Justice ruled today, 12 June 2014, on the question to what extent two conflicting regulatory frameworks within one...more

Vicarious Liability of Motor Vehicle Lessors in Canada

The equipment finance industry breathed a sigh of relief when Federal legislation was enacted in 2005 preempting state laws imposing vicarious liability on lessors of motor vehicles. That relief may have been premature if the...more

Federal Court Dismisses Overtime Claims Brought by Contractor Employee Working in Kuwait

On April 28, 2014, a Massachusetts federal court granted dismissal of a proposed class action alleging that Raytheon violated Kuwaiti law by failing to pay overtime to employees working in Kuwait on federal defense contracts....more

Disclosure v. Blocking Statutes

The recent decision in Secretary of State for Health and others v Servier Laboratories Ltd and others;; National Grid Electricity Transmission plc v ABB Ltd and others [2013] EWCA Civ 1234, concerned an appeal by two...more

Kit Or Caboodle? Recent Australian Opposition Decision Highlights The Inconsistency In Construction Of Kit Claims Between...

The recent Australian opposition decision of Merial Limited v Zoetis LLC [2013] APO 59 highlights the differences between the Australian and New Zealand patent offices in the construction of “kit” claims in relation to the...more

Civil Code Reform: Rules on Conflict of Laws

On 30 September 2013, the President signed Federal Law No. 260-FZ amending Part III of the Civil Code of the Russian Federation. The Law is the sixth set of amendments to the Russian Civil Code within the civil law...more

International Patent Laws – Interview with Julian Crump, Managing Member, Mintz Levin's London, UK Office  [Video]

Attorney Julian Crump, Managing Member of Mintz Levin's London, UK office, talks about the differences between patent laws in the US and the EU and the importance of identifying those differences at the outset of the...more

Food Litigation Newsletter - August 5, 2013

In This Issue: - Recent Significant Developments and Rulings ..VitaRain “Natural” Caffeine Claims Against Costco Rules Preempted ..Court Refuses To Certify Most “All Natural” Claims Against Kashi and Bear...more

Compelled Waiver of Foreign Bank Secrecy for Discovery of Records Abroad

There are many branches, agencies, and subsidiaries of foreign banks licensed to conduct banking business here in New York. These foreign-bank offices are often the targets of civil discovery requests seeking production of...more

Don’t Cry for Me Argentine Bondholders: Argentina Seeks Supreme Court Review

Argentina filed a petition for writ of certiorari in US Supreme Court: what Argentina wants, when the Supreme Court will answer, and whether or not Argentina will get its day in the high Court. On June 24, the Republic...more

Rubber Match? Resin Trade Secret Battle Results In A Multi-Jurisdictional Draw

On the same day last week, two rival rubber resin companies issued press releases — each claiming legal victory in the same trade secret dispute....more

Second Circuit Determines the Relevant Date for Determining a Chapter 15 Debtor’s “COMI”

A. INTRODUCTION - Courts in the Southern District of New York and elsewhere have issued conflicting decisions regarding the appropriate time period to consider in determining a foreign debtor’s “center of its main...more

Navigating the Patchwork: When Is European Data Privacy Law Applicable to US Companies?

Are social media companies based in the United States subject to European data privacy laws? Two recent judicial decisions – one in France and the other in Germany – arrived at different answers. The Civil Court of Paris held...more

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

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

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