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Kiobel v. Royal Dutch Ptroleum

U.S. Supreme Court Opinion Kiobel

In an opinion issued on April 7, 2013, the U.S. Supreme Court has ruled against a group of Nigerians living in the United States who sought to hold oil companies accountable for alleged human rights violations in Nigeria...more

Freddie Mac Files Suit Over Losses Due To Alleged LIBOR Manipulation

On March 14, Freddie Mac sued 15 banks and the British Bankers’ Association (BBA), claiming that the institutions manipulated the London Interbank Offered Rate (LIBOR) and caused substantial losses to Freddie Mac on...more

Doing Business in Canada: Fraud Law

Advances in technology, telecommunications and electronic fund transfer have brought about a marked increase in the amount of fraud perpetrated across borders. While Canada is not immune from these developments, combating...more

Credit Crunch Digest -- September 2012

This issue of the Credit Crunch Digest focuses on various actions brought by the FDIC, as the receiver for failed banks, against large financial institutions for losses arising out of mortgage-backed securities sold to the...more

Canada, "Getting the Deal Through - Enforcement of Foreign Judgments 2013"- October 2012

Peter Cavanagh and Chloe Snider have written a chapter describing the applicable law in Canada for the publication "Getting the Deal Through - Enforcement of Foreign Judgments 2013" Getting the Deal Through is a database...more

Vivendi Securities Case Tried, and Lost.

We have posted before on the class action securities case against Vivendi. The recent trial involving the case is a lesson for international litigation practice. Since our last posting, the defendants in the case sought to...more

Asadi v. G.E. Energy (USA), LLC

Order of Dismissal

U.S. District Judge Nancy Atlas granted dismissal of a lawsuit filed by a former General Electric Co. executive under a federal whistle blowing statute. The court held that the anti-retaliation clauses of the Dodd-Frank...more

Foreign Investors Bring $1.8 Billion RMBS Lawsuit Against Six Investment Banks

On May 22, 2012, Blue Heron Funding Ltd., Phoenix Light SF Limited, Silver Elms CDO PLC, and Kleros Preferred Funding V PLC filed a summons with notice in the New York State Court against six investment banks and their...more

SEC Staff Issues Report on the Cross-Border Scope of Private Rights of Action for Securities Fraud

The staff of the Securities and Exchange Commission (“SEC”) recently released a study on the cross-border scope of the private right of action under Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”),...more

ITC Ruling May Presage Return of Sanctions Proceedings

U.S. International Trade Commission (ITC) Administrative Law Judge Thomas B. Pender (ALJ) recently imposed sanctions on Apple due to the intentional misrepresentations of fact in the opening statement and briefing. This sua...more

Second Circuit Clarifies Elements of a Domestic Securities Transaction Under Morrison v. National Australia Bank

On March 1, 2012, the United States Court of Appeals for the Second Circuit held that a foreign plaintiff may assert a fraud claim under the federal securities laws based on its purchases of securities issued by U.S....more

Capital One, Chevy Chase, and Credit Suisse Sued over $168.6 Million in RMBS

On March 8, 2012, a group of plaintiffs led by German bank Landesbank Baden-Wuerttemberg filed a summons with notice in New York state court against Capital One Financial Corp., Chevy Chase Funding LLC, and Credit Suisse...more

Hong Kong Court of Appeal Expands SFC Powers to Seek Remedies for Insider Trading

In what is being seen as a landmark decision, the Hong Kong Court of Appeal has allowed an appeal by the Hong Kong Securities and Futures Commission (SFC) from the decision of a lower court that will permit the SFC to proceed...more

How to Make In-Trial Objections Less Objectionable

Persuasive advocacy involves juggling many balls at the same time. Counsel must develop a plausible theory of the case. S/he must consider what evidence is available and how it should be led. Argument about inferences to be...more

Securities Fraud: Class Plaintiffs in Securities Fraud Case Against Chinese Company Facing Difficulties

In Perry, a shareholder class sued a Chinese printing company, as well as its current and former officers and directors, for making false and misleading statements in violation of the Securities and Exchange Act of 1934....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

Quinn Emanuel Business Litigation Report - March 2011

In This Issue: Firm News: Maria Ginzburg Joins Quinn Emanuel’s New York Office Quinn Emanuel Selected as One of Law360’s Insurance Groups of the Year Main Article: Converium Decision by Dutch Court Promotes...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 9, Issue 1 - Winter 2011

Inside this issue: 1 Considerations for Software Patent Claims in the United States, Europe, and Canada 1 Where (and Even When) Does KSR Belong in Obviousness Arguments? 11 While Not Right for Every Invention, Trade...more

News from Ellyn Law LLP Business Litigation & Arbitration Lawyers

An update of news from Ellyn Law LLP, a business litigation and arbitration boutique in Toronto, Canada and a member of the International Network of Boutique Law Firms. Among the news posts are the addition of a new...more

United Kingdom Supreme Court Rules That Courts Always Retain Final Decision To Determine Arbitrator’s Jurisdictional Authority

Dallah Real Estate and Tourism Holding Company v. The Ministry of Religious Affairs, Government of Pakistan, 2010 UKSC 46 (3 November 2010), involved an attempt by a company (Dallah) operating in Saudi Arabia to enforce...more

Foreign States May Be Liable For Tortious Acts Committed By Their Employees

The "tortious act exception" of the Foreign Sovereign Immunities Act of 1976 (“FSIA,” 28 U.S.C. § 1605(a)(5)) provides that a foreign state, or its official or employee, is not immune from money damages sought against...more

Kiobel v. Royal Dutch Shell Petroleum (No Corporate Liability Under AlienTort Claims Act)

Order Affirming Motion to Dismiss

A panel of the court ruled 2-1 on September 17, 2010 that the Alien Tort Statute gives U.S. courts jurisdiction over alleged violations of international law by individuals only, not by corporations. The decision dismisses...more

The Benefits of Using Arbitration

Arbitration offers parties another way to resolve disputes that is often less expensive, faster and legally enforceable....more

United States Supreme Court Limits Extraterritorial Reach Of Private Federal Securities Claims

In Morrison v. National Australia Bank Ltd., 2010 WL 2518523 (U.S. Jun. 24, 2010), the United States Supreme Court held that domestic courts lack jurisdiction over claims brought by private citizens pursuant to Section 10(b)...more

SEUNG WOO LEE vs. IMAGING3, INC.

Appellant's Opening Brief

This case involves disputed contentions concerning the validity of an award made against Defendant/Appellant before the Korean Arbitration Board and of the counterclaims of Appellant before the United States District Court....more