Civil Remedies International Trade

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Pursuing non-performing loans in the Middle East A key issue checklist for financial institutions

With liquidity again becoming a serious concern in the region, we are witnessing a sharp uptick in the number of instructions from regional and international lenders relating to (i) regional borrowers failing to repay a loan;...more

Workwise: Don't Skimp on Statutory Minimums: Drafting an Enforceable Termination Clause

The recent decision of the Court of Appeal for Ontario in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (Wood), once again highlights that employers must be very careful when it comes to drafting termination clauses as a...more

Road Traffic Injury

Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries. If you are uncomfortable enough to be involved in a horrific road accident, which was not...more

ITC Commissioners Divided Over Standards For Cease And Desist Orders

Recent decisions by the Commission highlight a split among the Commissioners over the proper standard for issuing cease and desist orders. The majority of Commissioners appear to agree that the determination regarding...more

Reciprocal enforcement of financial orders

The UAE is not a signatory to REMO. Nevertheless, foreign financial orders can be enforced within the UAE however, there can be difficulties as set out below. Enforcement of a foreign order initially requires the commencement...more

Mylan Obtains Global License to Trastuzumab in IPR Settlement

Mylan announced today that it had reached a settlement with Genentech, Inc. and F. Hoffman-La Roche Ltd. that provides Mylan with global licenses to commercialize its biosimilar to Genentech’s Herceptin® (trastuzumab). As...more

English courts cannot order security in public policy challenges to enforcement

The UK Supreme Court last week issued the latest decision in a long-running attempt to enforce a US$150 million Nigerian arbitration award (IPCO (Nigeria) Limited v. Nigerian National Petroleum Corporation [2017] UKSC 16). ...more

Dealing With Judgment Enforcement in Hong Kong? Two Key Misconceptions to Dispel

Due to its proximity and relationship with the People’s Republic of China, Hong Kong has, at times, suffered from the misconception that it is a difficult jurisdiction within which to freeze assets and enforce judgments or...more

Family breeds contempt: the expansion of the tort of conspiracy by unlawful means

The recent Court of Appeal decision in the long line of Ablyazov cases (Khrapunov v JSC BTA Bank1) has given contempt of court extra steel – being in contempt can constitute "unlawful means" in a tort claim for unlawful means...more

English Courts Stay Enforcement of ICSID Award

On 20 January 2017, the English Commercial Court handed down an important judgment addressing the intersection of a State’s public international law obligations in investment treaty arbitration and its obligations under...more

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods

On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to liability under 35 U.S.C. § 271(f)(1). See...more

Damages in bullying claims – the stakes are rising even higher

The Victorian Supreme Court recently issued a stunning decision awarding an employee over $600,000 comprising $210,000 for pain and suffering and the balance for lost past and future income, despite the employee having a...more

RxIP Update - February 2017

Federal Court of Appeal rules on non-infringing alternatives and apportionment as defences to an accounting of profits from patent infringement - On February 2, 2017, the Federal Court of Appeal released a significant...more

Best in Law: How You Can Combat Chinese Counterfeits

Counterfeit products can create significant problems for businesses. Chinese counterfeiting costs foreign businesses billions of dollars a year in lost profits, according to an ABC News report last year. Counterfeiting...more

Federal Court of Appeal rules on non-infringing alternatives and apportionment as defences to an accounting of profits from patent...

On February 2, 2017, the Federal Court of Appeal released a significant decision on accounting for profits, a remedy for patent infringement in Canada: Apotex Inc v ADIR, 2017 FCA 23. The appeal concerned two defences raised...more

Biogen to Pay Forward $1.25 Billion in Settlement

Forward Pharma A/S (“Forward”) recently announced that a necessary super majority of its shareholders have approved a settlement of various patent disputes with two wholly-owned subsidiaries of Biogen Inc. (“Biogen”) in which...more

"PEMEX and US Enforcement of Foreign Arbitration Awards Nullified in Their 'Home' Courts"

One of the benefits of using arbitration to resolve international disputes is the availability of worldwide mechanisms to enforce an arbitral award. For example, the 1958 New York Convention on the Recognition and Enforcement...more

"Business and Human Rights Movement Spurs Development of Remedial Options"

In the emerging area of business and human rights, the endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) by the U.N. Human Rights Council five years ago marked a watershed event. The...more

Getting a Copyright Registration in Advance Not Only Speeds Enforcement, but it Improves Your Remedies

On January 23, 2017, Forever 21, Inc. sued C Luce, Inc. and Cornerstone Apparel, Inc. for copyright infringement, selling copies of Forever 21’s Ikat Harem Patent. Nothing remarkable in the story so far, but was is...more

Can victims claim compensation?

Many people often feel offended when they are charged with a Criminal case, such as for financial crimes, physical violence, cyber crimes and so on. Some individuals think that they will receive compensation if they file a...more

Texas Legislative Outlook

It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow....more

EU Court Strikes Down Security Legislation Over Privacy Concerns

In a decision published on 21 December 2016, the Court of Justice of the European Union (“ECJ”) invalidated legislation in two EU member states – the UK and Sweden – requiring telecommunication operators to retain users’...more

Supreme Court Calls for the Views of the Solicitor General in a Case That the 7th Circuit Could Not Review En Banc

Last summer, we wrote about a unique situation that arose in the case of Rubin v. Islamic Republic of Iran, No. 14-1935 (7th Cir. July 19, 2016), in which the Seventh Circuit found itself unable to assemble a “majority” of...more

Custody Battles

Hassan Elhais, Legal Consultant at Al Rowaad Advocates and Legal Consultants, Femina ME’s guest columnist continues with last month’s topic, that is, child abduction by a parent. Last month he spoke about the various...more

International Trade Litigation and the New Trump Administration: Your Top Ten Questions Answered

Globalization and the need to efficiently deploy corporate resources have led many multinational companies to establish global supply networks. Although these efforts often lead to the efficient deployment of capital,...more

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