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Five Key Takeaways from Key Energy’s SEC FCPA Settlement

The SEC, last week, announced its $5 million settlement with Key Energy. As always, FCPA settlements contain important examples of enforcement priorities and policies. Key Energy’s recent settlement is an example of the...more

Losing the right to limit: Privy Council confirms parties can contract out of the 1976 Limitation Convention

This Alert looks at the question of whether it is possible to contract out of or waive the right to limit liability under the 1976 Convention on Limitation of Liability for Maritime Claims and if so, what is required in order...more

Alibaba Wins Dismissal of RICO Claims Asserted by Eight Luxury-Brand Plaintiffs

The Chinese e-commerce giant Alibaba Group Holding Ltd. (“Alibaba”) is making headlines once again with its recent victory in New York federal court. Notorious for allegedly enabling the sale of counterfeit products on its...more

Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a...

For decades, U.S. courts have been preferred venues for plaintiffs’ lawyers seeking to sue non-U.S. companies. This is due to the perception that American juries award vastly greater recoveries than those outside the United...more

OW Bunker in Singapore – where are we?

Although the Singapore courts have not, to date, been required to consider the legal issues which have recently come before the English courts in the Res Cogitans, the cases which have come before the Singapore courts...more

New York Appellate Court Reverse Lower Court, Allows RMBS Action to Proceed Against Morgan Stanley

On August 11, 2016, the First Department of the Appellate Division of the Supreme Court of the State of New York reversed the lower court, allowing RMBS Trustee U.S. Bank to proceed with claims against Morgan Stanley in...more

The importance of the arbitration notice: make sure it is sent to the right person

Sino Channel Asia Ltd v. Dana Shipping and Trading Pte Singapore and Another [2016] EWHC 1118 (Comm) - A recent English High Court decision serves as a reminder of the importance of taking great care in relation to...more

Court of Appeal Lifts Stay in Cross Border Class Action

In Kaynes v. BP [1] (referred to herein as “Kaynes”) the Court of Appeal for Ontario (“ONCA”) recently lifted a stay of a class proceeding in which the Plaintiff is seeking damages for alleged misrepresentations made to...more

Orrick's Financial Industry Week in Review

Agencies Issue Proposal on Method to Adjust Threshold for Exempting Small Loans from Special Appraisal Requirements - On July 22, 2016, the Consumer Financial Protection Bureau, the Federal Reserve Board and the Office...more

The Validity of Arbitration Clauses in Concession Agreements

This alert provides an overview of the recent position of Russian courts in relation to validity of the arbitration clause in the concession agreement. In particular, the Commercial Court of the North-West Circuit in its...more

Second Circuit Affirmed Enforcement of ICC Arbitral Award Annulled Abroad

Decision confirming an arbitral award annulled in Mexico, underscores US courts’ pro-enforcement position and highlights different approaches undertaken by courts around the world. On August 2, 2016, the United States...more

The Supreme Court to Tackle Extraterritorial Reach of U.S. Patents

The Supreme Court recently granted certiorari in Life Techs. Corp. v. Promega Corp., 14-1538, to resolve: “[w]hether a supplier can be held liable for providing ‘all or a substantial portion of the components of a patented...more

Overview of the 2016 SIAC Rules

The sixth edition of the arbitration rules of the Singapore International Arbitration Centre (SIAC) entered into force on 1 August 2016. To mark the occasion we provide this client briefing on the key features of the new...more

Brexit: Impact on English dispute resolution

English lawyers have grown accustomed to working within a harmonised EU legal system that includes cross-border overarching frameworks dealing with issues of jurisdiction and enforcement. Whilst EU law will continue to apply...more

DOJ and SEC Collect $22 Million from LAN Airlines for Conduct in Resolving Labor Dispute

Last week, the Justice Department and the SEC announced parallel FCPA settlements totaling $22 million in fines, penalties and disgorgement against LAN Airlines, a Chile-based airline, for conduct in resolving a labor dispute...more

Court of Appeal rules on indefinite demurrage claims

MSC Mediterranean Shipping Company S.A. v. Cottonex Anstalt - [2015] EWHC 283 (Comm) - A Court of Appeal decision handed down on 27 July 2016 of this week ruled that demurrage on detained containers, which could not...more

This Week In Securities Litigation

The Commission settled another FCPA action centered on the efforts of a Chilean airline to resolve its labor issues. The agency also filed four offering fraud actions: one based on an internet fraud; a second centered on the...more

Brexit: Brexit and loan agreements

Summary – the key things you need to know - - The Brexit vote is likely to have little immediate legal impact on most current finance agreements. It would be unlikely, for example, that a lender could call a typical...more

Brexit: Impact on governing law and jurisdiction clauses - Is it still appropriate to choose English governing law and...

Following the referendum vote, should parties continue to choose English governing law and the jurisdiction of the English courts in their commercial agreements? Here are three key points to consider....more

Shareholders Will Get to Trial in Petrobras Corruption Scandal Action

Yesterday I wrote about what may well be the next great bribery and corruption scandal across the globe involving the Venezuelan state oil company Petroleos de Venezuela SA (PDVSA). However, the current largest corruption...more

Arbitration Article Series III: Terms of References

As per the arbitration and civil rules in the UAE, the arbitration rules shall be governed by the Terms of Reference. The Terms of Reference is a document used within international arbitration law. Its main purpose is to...more

Arbitration Article Series II: Appointing Arbitrators

An arbitrator can be appointed directly by name (this is not the common method used), through the court or through the arbitration centre. If you agree for the court or arbitration centre to appoint an arbitrator you need to...more

Arbitration Article Series I: Rise of Arbitration

The UAE has rapidly emerged as a leading financial centre, attracting large global investors and businesses. As international developers and contractors continue to invest in construction projects, there has been an...more

A right in Germany to sell through online marketplaces?

On 18 July 2016, Germany moved another step closer to enshrining a right for distributors in selective distribution systems to sell over online marketplaces. This is not sudden move by the German courts, in fact we have...more

Have a Contract in Canada? Your Class Action Risk is Greater Than You May Think

Non-Canadian companies: welcome to the Canadian class action party. In recent years, Canadians have increasingly begun to recognize and actively manage the major business risk posed by class actions, as more and more...more

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