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European Parliament adopts legislation facilitating antitrust damages actions

Today, the European Parliament approved legislation governing antitrust damages actions brought in the national courts of EU Member States. The Parliament’s approval was the last significant hurdle and follows several years...more

Seventh Circuit Affirms Dismissal of Motorola’s LCD Antitrust Claims Based on Foreign Purchases

On March 27, in the latest major development in Motorola Mobility’s lawsuit alleging price-fixing of liquid crystal display modules (LCDs), a three-judge panel of the Seventh Circuit, including renowned antitrust jurist Judge...more

Foreign Judgment in Criminal Fraud Action Enforceable in New York

A New York Appellate Court held for the first time that a judgment issued by a foreign country’s criminal court awarding monetary compensation to a fraud victim is civil, not penal in nature, and therefore enforceable in New...more

Leading Arbitrators/Practitioners Address Trends In International Arbitration At New York Symposium

On Monday, March 10, 2014, Cozen O’Connor’s Martin Gusy participated in a panel discussion on current trends in international arbitration at Cardozo School of Law in New York. Other panelists included Ank Santens of White &...more

The Katten Kattwalk | Issue 04

In this issue: - Trademark Infringed? No Preliminary Injunction Unless Irreparable Harm Proved - Want to Reserve a Trademark? Be Prepared to Prove You Will Use It - Around the Horn: Customs and...more

Foreign Arbitration Award Confirmed Under International Treaty

A federal U.S. district court recently confirmed a foreign arbitration award obtained by a Belizean telecommunications company against the Government of Belize in arbitral proceedings held before a tribunal appointed by the...more

The BVI Commercial Court – interfacing with arbitration

Recent decisions in the BVI Commercial Court have shaped the applicability and enforcement of arbitration clauses and, notably, how they interface with BVI statutory remedies and liquidations. Standing to...more

Where To Bring Damages Claims In EU Int’l Cartel Cases?

As Europe continues to open its door to private damages actions, questions arise as to where to bring claims against international cartelists. In this article, we provide a simplified overview of the highly complex set of...more

This Week In Securities Litigation (Week ending February 28, 2014)

The Supreme Court handed down a significant decision, construing SLUSA in the context of suits by investors defrauded investors in the Stanford Ponzi scheme. The Court concluded that the Act does not bar four state law class...more

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

This Week In Securities Litigation (Week ending February 21, 2014)

The SEC filed two civil injunctive actions this week. Once focused on an investment fraud scheme in which interests were sold in what was falsely claimed to be a motion picture production which would have A list celebrities....more

Google To Get Grilling Before UK Courts for Covert Safari Browser Tracking

High Court Judge Mr Justice Michael Tugendhat has declared in the case Vidal-Hall & Ors v Google Inc. [2014] EWHC 13 (QB) (16 January 2014) that infamous U.S. corporation Google Inc. (‘Google’) will face the scrutiny of the...more

The risk of self-incrimination in cross-border disputes: The use of Canadian discovery evidence in U.S. criminal/regulatory...

A common scenario in which the privilege against self-incrimination is threatened occurs when a person is party to criminal or regulatory proceedings in the United States (U.S.) and civil litigation in Canada....more

Taking the Fight to the Ice: Ontario Court of Appeal allows enforcement action against Canadian subsidiary for environmental...

In Yaiguaje v Chevron Corporation, 2013 ONCA 758, the Ontario Court of Appeal held that Ontario has jurisdiction to recognize and enforce a foreign judgment against a Canadian subsidiary that was not a party to the foreign...more

Private Actions in Competition Law: Recent Developments

Private damages actions in competition law continue to mature across Europe, with the past few months seeing some significant developments at both a national and supra-national level. This note summarises the main...more

Federal Circuit Review - January 2014

Reckless Conduct Required for Attorneys’ Fees Award - In Kilopass Technology, Inc. v. Sidense Corp., Appeal No.13-1193, the Federal Circuit vacated and remanded a denial of a motion seeking an award of attorneys’ fees....more

Judicial Review of Government Contractor Suspensions

In recent years, the U.S. government has exercised enhanced scrutiny over federal contractors through, among other things, the increased use of its suspension and debarment remedies – fueled in part by reports of contractor...more

"Litigants Continue to Use 'Anti-Suit Injunctions' to Protect Their Arbitration Rights"

Courts occasionally are asked to intervene in a pending arbitration and exercise their injunctive powers. In some cases, litigants seek to have the courts aid the arbitral process by stopping foreign proceedings that...more

December 2013: Russian Litigation Update

Russian Courts on Anti-Suit Injunctions. More than a year ago Anton Ivanov, the Chairman of the Supreme Arbitrazh Court, openly criticized foreign anti-suit injunctions affecting Russian proceedings as an example of “unfair...more

Is US-style class action litigation coming to the EU? European Commission calls for collective redress mechanisms in EU national...

The European Commission is calling for European Union member states to introduce an injunctive and compensatory collective redress mechanism to their national procedural rules by July 26, 2015. In many respects, the concept...more

Third-Party Service Providers Not Liable for Contributory Trademark Infringement

Trademark owners frustrated by cybersquatting will not be able to sue third-party service providers for contributory infringement, according to a decision by the U.S. Court of Appeals for the Ninth Circuit....more

Court clarifies enforceability of foreign judgments in BVI

On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to service out of foreign judgments and arbitral awards. The...more

Relief for harm incurred as a result of protracted judicial review must be sought before General Court

On 26 November 2013, the European Union’s top court, the European Court of Justice, gave a seminal ruling establishing the principle that a claim for damages for losses incurred as a result of excessively long judicial review...more

Belgium: Supreme Court Decision on IP blocking also impacting gaming industry

By the judgment rendered on 22 October 2013 in the Belgian version of the long-lasting The Pirate Bay saga, the Belgian Court of Cassation (Belgium’s Supreme Court) confirmed the lawfulness of a far-reaching injunction order...more

An alternative to the anti-suit injunction? Supreme Court considers ability to obtain damages for EU proceedings brought in...

In the landmark decision Alexandros T [2013] UKSC 70, the Supreme Court has held that, where parties have agreed that disputes between them will be resolved exclusively by the English courts, a party can seek damages for...more

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