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NY High Court To Address Continuing Vitality Of “Separate Entity” Rule For International Banks With New York Branches

This September, New York’s highest court will consider an issue of significant interest to international banks with a New York presence – whether a judgment creditor can use New York’s judgment enforcement procedures to...more

The Role of Arbitration in International Business

International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses in different countries. In this detailed presentation, Igor Ellyn, QC, an experienced...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

"Landmark UK Supreme Court Ruling Restricts Enforcement of Foreign Bankruptcy Judgments"

In a ruling disposing of two appeals, the U.K. Supreme Court has held that the enforcement of foreign bankruptcy rulings in England will in certain circumstances be more difficult than had previously been thought. The two...more

Enforcing orders made in foreign insolvency proceedings

The UK Supreme Court decision in Rubin v Eurofinance SA and what it means for BVI and Cayman - This article sets out the potential impact in the BVI and Cayman of the much anticipated Supreme Court decision in Rubin v....more

Federal Court of Appeal: Canada Cannot Tax Treaty Income Twice

It is trite law that one of the main purposes of tax treaties is to prevent double taxation of the same income. In Canada this principle has often been treated with a grain of salt since Canadian domestic rules do not bar...more

$40 Million Settlement Approved in Lehman Brothers Case

On June 21, 2012, Judge Lewis A. Kaplan of the Southern District of New York approved a $40 million settlement in an RMBS class action brought by Locals 302 and 612 of the International Union of Operating Engineers –...more

Vitro: Chapter 15 and the Limits of Comity: Texas Bankruptcy Court Refuses to Enforce Third Party Release Provisions in Mexican...

On June 13, 2012, Judge Harlin D. Hale of the United States Bankruptcy Court for the Northern District of Texas refused to enforce provisions of a Mexican plan of reorganization that purported to extinguish guarantees by the...more

Reuters: Corporations Face Long Odds in Tax Cases Heard by the United States Supreme Court – Situation Brighter in Canada

Reuters recently reported a study showing that corporations face very long odds in tax appeals heard by the United States Supreme Court. There were 919 income tax cases in the Supreme Court of the United States from 1909 to...more

"U.S. Supreme Court Holds That Only Natural Persons Can be Sued Under the Torture Victim Protection Act"

On April 18, 2012, the U.S. Supreme Court decided in Mohamad v. Palestinian Authority, No. 11-88, that parties may bring suit under the Torture Victim Protection Act of 1991 (TVPA) only against human beings — not...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

"Supreme Court Broadens Its Review of Alien Tort Statute – May Limit Corporate Liability in Human Rights Lawsuits"

On March 5, 2012, only days after hearing oral argument in Kiobel v. Royal Dutch Petroleum Co., the U.S. Supreme Court ordered additional briefings to be filed and for the case to be reargued. This somewhat unusual move...more

Another successful veil piercing against non-U.S. national for U.S. judgment

We have posted recently on the New York law on piercing the corporate veil, since New York law continues to be the central law one sees in international litigations in the U.S., and veil piercing could be expected to be a...more

Protecting Your Trademark in the UAE

Most company executives often focus on setting up businesses in new jurisdictions, expanding an existing business or improving the quality of their goods or services. However, they often overlook the critical need to protect...more

Proposed Bill to Allow Private Enforcement of the FCPA

We have received several inquires regarding H.R. 3531, a bill that was recently introduced in the U.S. House of Representatives to amend the Foreign Corrupt Practices Act ("FCPA") to permit private suits against certain...more

Potential Restrictions on Travel to India by Lawyers from Outside India Including In-House Legal Counsel

An Indian lawyer has filed a lawsuit in a court in India seeking to restrain certain named US, British and Australian law firms and other lawyers from outside India, i.e., foreign lawyers, from providing legal advice of any...more

United States Increases Entertainment Exports to Latin American Markets

On September 30, 2011, the United States government signed an Export Trade Certificate of Review for the Latin American Multichannel Advertising Council ("LAMAC"). This certification will allow seven United States-based...more

Corporate and Financial Weekly Digest - October 28, 2011

In this issue; - SEC’s Division of Corporation Finance Issues Bulletin Regarding Shareholder Proposals - House Committee Approves “Facebook” Bill - FINRA Requests Comments on Proposal to Require Carrying or...more

First plan of arrangement completed in the BVI - September 28, 2011

Jacqueline Daley Aspinall and Keisha M Durham recently advised on and effected the first plan of arrangement completed under the BVI Business Companies Act ("BVIBCA") in accordance with section 177. The primary purpose of...more

Employment Termination and Reductions-In-Force Outside The United States, Part 2

We have been discussing overseas terminations against the backdrop of a fired employee asserting rights in local labor court, but in actual practice most firing disputes get resolved out of court. Of course, settlements are...more

New York Court of Appeals Upholds Purchase Agreement's Broad Release in Affirming Dismissal of $900 Million Fraud Claim

On June 7, 2011, the New York Court of Appeals affirmed the dismissal of a $900 million lawsuit brought by former shareholders against America Movil SAB (“Movil”), Latin America’s largest mobile phone carrier, on the grounds...more

Self Reporting Under the UK Bribery Act

The Bribery Act comes into force on 1 July 2011. It brings into force an entirely new offence of the failure of a commercial organisation to prevent bribery. The only defence is to have in place adequate procedures to...more

New York Supreme Court Determines That Banks Still Have the Protection of the “Separate Entity” Doctrine After Koehler

Courts in New York and other states have long granted banks the protection of the so-called “separate entity” rule whereby branches of a bank are treated as separate companies for various purposes, including restraint or...more

Acquisition Structure Decision Tree By Brian F. Egan

I. INTRODUCTION Buying or selling a business in Texas, including the purchase of a division or a subsidiary, revolves around a purchase agreement between the buyer and the selling entity and sometimes its owners....more

Defending Employers Against Corporate Veil Piercing and Assisting Employers to Tiptoe Out of France

U.S. employers with French operations must focus carefully on their investments or divestment operations. Through the "joint employer theory," employees of a French company can now pierce its corporate veil to hold the...more

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