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The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,...more

Product Liability Update -- October 2012

In This Issue: Massachusetts Federal Court Holds Japanese Escalator Accident Study Inadmissible for Lack of Authentication and Demonstrated Connection to Facts of Case, Defendant’s Introduction of New Shoe Design in...more

Asset Sales in Bankruptcy: An Important Decision

U.S. bankruptcy law permits debtors-in-possession and trustees to sell assets free and clear of claims, liens and other interests. But a federal judge in New York ruled recently that a purchaser does not necessarily buy free...more

More Inspiration from the Courts on Commercial Speech

When most of us think of the First Amendment, commercial speech is probably not what springs to mind. A business talking about its products doesn’t fit our classic perception of free speech. It will never equal the “I Have...more

FDA Takes It On The Chin Again In First Amendment Case

This opinion involves cigarette warnings, so we have to be careful, since Dechert represents tobacco companies. We recommend that our readers interested in First Amendment issues take a look at R.J. Reynolds Tobacco Co. v....more

First Amendment Toolkit

Thursday is normally the day for our longer and meatier posts. However, the crush of business at the moment really is a crush. So we’re putting up something today that, frankly, doesn’t require as much work. Yesterday we...more

Supreme Court Tightens Requirements for State Courts to Exercise Jurisdiction Over Foreign Corporations

Recently, the Supreme Court addressed the standards for state courts asserting jurisdiction over foreign corporations. In Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76 (June 26, 2011) and J. McIntyre Mach., Ltd....more

More Comments on Personal Jurisdiction

Our recent post on the Supreme Court's two "stream of commerce" personal jurisdiction decisions, produced an email to us from Arthur Fergenson, at Ansa Assuncao, LLP, who argued the J. McIntyre v. Nicastro case to the Supreme...more

Personal Jurisdiction 2.0

We gave you our quickie analysis of Goodyear Dunlop Tires Operations, S.A. v. Brown, ___ U.S. ___, 2011 WL 2518815 (U.S. June 27, 2011); and J. McIntyre Machinery, Ltd. v. Nicastro, ___ U.S. ___, 2011 WL 2518811 (U.S. June...more

Cloudy Skies Ahead: A Divided Supreme Court Provides Uncertain Course for Jurisdiction Over Out-of-State Manufacturers

The Due Process Clause of the Fourteenth Amendment protects individuals from the unlawful exercise of power. Among other things, it protects individuals from being sued in states where the individual has no connection; a...more

U.S. Supreme Court Reaffirms Stringent Test for General Jurisdiction over Foreign Manufacturers

In Goodyear Dunlop Tires Operations, S.A. v. Brown, decided on June 27, 2011, a unanimous U.S. Supreme Court reaffirmed the distinction between general and specific jurisdiction, holding that certain foreign subsidiaries of...more

The Supreme Court Limits Personal Jurisdiction over Foreign Defendants: A Potential End to the Stream of Commerce Theory

On June 27, 2011, the Supreme Court of the United States decided two personal jurisdiction cases: Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76, and J. McIntyre Machinery, Ltd. v. Nicastro, No. 09-1343. In...more

Supreme Court Decides Two Personal Jurisdiction Cases

At the end of the term, the Supreme Court decided two important personal jurisdiction cases, J.McIntyre Machinery Ltd. v. Nicastro, U.S., No. 09-1343, and Goodyear Luxembourg Tires SA v. Brown, U.S., No. 10-76. The first...more

Supreme Court Rejects Expansive 'Stream of Commerce' Theory of Personal Jurisdiction

Due Process Requires That a Defendant Purposefully Target Activities Toward a Particular State in Order To Be Subject to Jurisdiction There This week, the U.S. Supreme Court issued two opinions clarifying the criteria that...more

The Supreme Court Reins in “Stream of Commerce” Personal Jurisdiction

In the last two Supreme Court cases we have been following this term, the Court took a critical look at the stream of commerce basis for personal jurisdiction and, as we hoped (and expected), ruled in defendants favor in...more

Advertising Law Newsletter - January 31, 2011

In this issue: U.S. Supreme Court to Decide Marketing Consent Law; NAD Weighs In on Toning Shoes; ‘Well-Known’ Robocaller Banned from Telemarketing; FTC Settles False Environmental Certification Claims; and Kellogg Settles...more

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