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Whistleblowing in China and the United States

The Chinese Government’s wide-ranging bribery and corruption investigation into the pharmaceutical industry takes a new turn every week. Media reports contain numerous incidents of purported whistleblowers making allegations...more

Melvin J. Howard v. Maximus, Inc., Steve Kitcher, and Joanne Platt

How to collude and derail a NAFTA dispute with the Government of Canada.

Maxiums, Inc. through its wholly owned Canadian subsidiaries Maxiums Canada Inc. and Themis Program Management Consulting Ltd. is legally responsible for the damages caused. I will not only show instrumentality and an...more

Cyprus: To Litigate or Not to Litigate?

Harneys’ Cyprus Banking Group is closely monitoring a legal challenge to the bail-out legislation which is currently before the Cyprus courts....more

John Ruggie Gives Opening Address at U.N. Forum on Business and Human Rights

On December 4 and 5, more than 1,000 participants from 85 countries gathered for the first U.N. Forum on Business and Human Rights in Geneva, Switzerland. The Forum focused on “trends and challenges” in the implementation of...more

The International Trade Commission: A Powerful Alternative for Patent Holders

What does a patent holder do when component parts that infringe one or more of its patents are imported into the United States? Traditionally, the answer has been to send the manufacturer or importer a cease-and-desist letter...more

U.S. Supreme Court Holds that the TVPA Does Not Apply to Organizations, but Corporate Officers Are Still Fair Game

Renewing speculation about the future of corporate liability for human rights abuses, last week the Supreme Court held unanimously in Mohamad v. Palestinian Authority that the Torture Victims Protection Act (“TVPA") cannot be...more

Comment On Case: Coury v. Prot, Fifth Circuit, June 19, 1996

In the case of Coury v. Prot, Circuit Judge Dennis concludes that the word "resides" as used in the Section 1, Clause 1 of the Fourteenth Amendment means "domiciled" in a State. This is shown to be wrong. In the...more

Diversity of Citizenship: The Basics

Discover what a diversity of citizenship case is; that in a diversity of citizenship case the proper citizenship must exist both when the action is commenced at the state level and when the petition for removal is filed...more

Sovereign Immunity Not Waived for Non-Extreme, Even Highly Unfair Results, Absent Express and Unambiguous Waivers by Statute or...

In prior postings we have tried to identify cases where courts have drawn distinctions between U.S. and non-U.S. citizens in terms of according them rights and entitlements in connection with international disputes. In the...more

DAWN RAIDS ON THE TCHENGUIZ BROTHERS - UNDERSTANDING THE COURTS' POWER TO AUTHORISE SEARCH ORDERS

RUDE AWAKENINGS: DAWN RAIDS ON THE TCHENGUIZ BROTHERS – UNDERSTANDING THE COURTS' POWER TO AUTHORISE SEARCH ORDERS As part of the SFO's investigations into the 2008 collapse of Kaupthing Bank, over 130 police officers...more

The Standard of Appellate Review in Canada: High Hurdles to Right Wrongs

Assessing the prospects of success on appeal and winning on appeal are among the most difficult aspects of an advocate’s role. Losing party’s counsel is confronted with human and analytical challenges which can be more...more

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