Civil Remedies International Trade

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Dot Your i’s and Cross Your t’s Before Service: It Could Be Worth $2.5 Million

When De Gazelle Group, Inc. sought to use FedEx for service of process of a Saudi Arabian company, Tamaz Trading Establishment, it reliably arrived at the Saudi Arabian post office. In fact, a Tamaz agent, seeking legal...more

The Luxembourg Rail Protocol to the Cape Town Convention

The Luxembourg Rail Protocol to the Cape Town Convention: its application to the UK and how it differs to the Aircraft Protocol - The UK signed the Luxembourg Protocol to the Convention on International Interests in...more

UK Financial Regulatory Developments - April 2016 #19

FCA decides to ban former LIBOR trader - FCA has published its Decision Notice concerning a former derivatives trader at UBS, Arif Hussein, banning him from performing any significant influence function relating to any...more

I Wish for a Happy Earth Day

April 22nd marked Earth Day, an annual celebration of environmentalism. The headline event of Earth Day 2016 was having 175 countries sign the Paris Agreement, which represents a global commitment to reducing greenhouse gas...more

Steelworkers Reverse Course and Withdraw Request for Import Relief on Aluminum

In an unusual change of course, the United Steelworkers Union (USW) has now withdrawn the Section 201 petition it filed just last week to request temporary relief against imports of primary unwrought aluminum. According to...more

Should an arbitrator sign on all pages of the arbitration award?

Legal Rule - Under normal circumstances the general rule is that an arbitration award shall be valid only if signed on all pages by the arbitrator. However the exception to this rule is that the arbitrator's signature on...more

Union Seeks Increased Duties on Imported Aluminum

On April 18, the United Steelworkers Union (USW) petitioned the U.S. International Trade Commission (ITC or Commission) for relief pursuant to Section 201 of the Trade Act of 1974, a safeguard provision of the U.S. trade...more

MoFo IP Newsletter - April 2016

The 2015 Changes to the Federal Rules Matter for Your Patent Case and Tech Business: Getting in the Courthouse Door Just Got Tougher - It used to be that a complaint for patent infringement would survive a motion to...more

Supreme Court Decides Bank Markazi v. Peterson

On April 20, 2016, the Supreme Court decided Bank Markazi v. Peterson, No. 14-770, holding that Congress did not unconstitutionally infringe on the role of the judiciary when it passed the Iran Threat Reduction and Syria...more

Trade Secrets Directive

The protection afforded to trade secrets is disparate across the EU. In order to protect trade secrets as potential drivers for economic growth and jobs and to create a level-playing field within Europe, the European...more

Your daily dose of financial news The Brief – 4.14.16

As promised, the Fed and FDIC have rejected the bankruptcy unwinding plans (or “living wills”) of JPMorgan and 4 other systematically important banks, including Bank of America, Wells Fargo, State Street, and BNY Mellon after...more

Dueling Forums: New York Court Rejects Australian Court’s Effort to Disregard New York Forum Selection Clause

A producer and a distributor entered into an agreement to sell shoes in Australia. The contract contained broad New York choice of law and venue provisions. When relations soured, the distributor brought suit in an...more

The Trans-Pacific Partnership – Webinar Segment 2

Elliot J. Feldman conducted a webinar for The Knowledge Group on January 8, 2016 on the Trans-Pacific Partnership. Set out below is the essential text of Dr. Feldman’s presentation for segment 2 of that webinar. ...more

NC Business Court Refuses To Enjoin Similar British Lawsuit

It's possible to get an NC state court to enjoin a party from pursuing parallel litigation in another American state. But what about enjoining a party before an NC court from pursuing a parallel case in another country?...more

Bribes and the remedy of Tracing

Relations between companies and businessmen worldwide are often governed by contracts subject to English law. Bribery is – regrettably – common in worldwide business. A discussion as to how English civil law treats a bribe is...more

Belgian Private Damages Claims for Anti-Competitive Behaviour: Constitutional Court decides on Starting Point of Limitation Period

On 10 March 2016, the Belgian Constitutional Court handed down an important decision on the starting point of the limitation period for private enforcement actions. These actions cannot be time-barred before a final decision...more

Beware the “Non-Exclusive” Arbitration Clause

“Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than “shall” or “should” be so referred). The Privy Council clarified the nature of these clauses in a recent case but...more

Digital Single Market Strategy Update: Europe Proposes Further Harmonisation of Consumer Protection Laws

The European Commission has published two draft directives on the supply of digital content and the online sale of goods that aim to help harmonise consumer law across Europe. In proposing these new laws, the European Union...more

New Decree defines the scope of Kazakhstan’s state electronic database

At the end of February, the Government of the Republic of Kazakhstan enacted Decree No. 117, providing that the types of personal data to be stored in the state’s electronic database are...more

Federal Circuit Patent Updates - March 2016

Clare v. Chrysler Group LLC (No. 2015-1999, 3/31/16) (Prost, Moore, Wallach) - Moore, J. Affirming summary judgment of non-infringement of patents related to storage compartment for pickup trucks. The Court rejected...more

Breaking: CPSC Obtains Record $15.45 Million Civil Penalty in Settlement Agreement with Gree

This morning, the U.S. Consumer Product Safety Commission (CPSC) announced that it has obtained a record-breaking $15.45 million civil penalty in a settlement agreement with Gree Electric Appliances of China, Hong Kong Gree...more

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2015] EWCA Civ 1144

The latest judgment in this long-running and complicated saga was handed down by the Court of Appeal on 10 November 2015. In 2004, a Nigerian-seated arbitral tribunal awarded IPCO approximately US$152 million....more

When Mitigation Leads To A Profit, Who Should Benefit?

If, following a breach of contract, the innocent party benefits from its mitigation, then, ordinarily, that benefit will reduce the loss that can be claimed for breach. In Fulton Shipping Inc of Panama v Globalia Business...more

US$1.3 Billion Fortis Settlement Ushers in New Era in Globalization of Securities Laws

A closely-watched set of claims stemming back to the 2008 global financial crisis has settled for a massive €1.204 billion (US$1.3 billion), making it one of the highest settlements ever and ushering in a new era in the...more

Enforcement Of EU Member State Judgment

Enforcement proceedings are not the appropriate avenue for appealing a foreign court judgment on the merits, and recognition and enforcement of an EU Member State judgment can only be refused in exceptional circumstances. In...more

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