Commercial Law & Contracts, International Law & Trade, Constitutional Law

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

by Jonathan M. Cohen, Katrina Johnson | Gilbert LLP on 5/9/2013

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

Taking Stock of Business and Human Rights in the United States

by Amy Lehr | Foley Hoag LLP - Corporate Social... on 4/25/2013

This week, members of the United Nations (“U.N.”) Working Group on Human Rights and Transnational Corporations are making an official visit to the United States as part of the Group’s mandate to promote the effective...more

To amparo or not to amparo?

by Jose Alberro | Berkeley Research Group, LLC on 4/19/2013

José Alberro, director at Berkeley Research Group in California, examines stock market punishment and enforcement of the Mexican Federal Competition Commission decisions In the Mexican legal system, the recurso de...more

SEC Files Initial Brief in Conflict Minerals Rule Case

by Edward Sarnowski | Holland & Knight LLP on 4/16/2013

The SEC recently filed its initial brief in the case pending in the United States Court of Appeals for the D.C. Circuit in which the National Association of Manufacturers, United States Chamber of Commerce, and Business...more

International Arbitration in Australia is Safe: The High Court of Australia Confirms the Validity of the International Arbitration...

by Mark Chapple, Leigh Duthie, Erika Hansen, Mia Livingstone, Alexander Wolff | Baker & McKenzie Australia on 3/14/2013

Today the High Court of Australia dismissed a challenge to the constitutional validity of the International Arbitration Act 1974 (Cth) (Act) and declared the Act valid: TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of...more

Federal Circuit Review - Volume 3 | Issue 2 February 2013

by Knobbe Martens Olson & Bear LLP on 2/28/2013

In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

Antitrust and Competition Newsletter - February 2013

by Orrick, Herrington & Sutcliffe LLP on 2/8/2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more

Jams Dispute Resolution -- Winter 2012

by JAMS, The Resolution Experts on 12/13/2012

In This Issue: IN DEPTH - ..How ADR Intersects with Multidistrict Litigation ADR CONVERSATIONS - ..Increased Diversity in ADR Essential to Keep Up with Evolving Global Marketplace ADR NEWS & CASE...more

DISPUTE RESOLUTION: Oil & Gas Litigation: SEC Sued Over Dodd-Frank Extractive Industries Rule

by King & Spalding on 11/21/2012

A divided Securities and Exchange Commission (SEC) recently adopted a rule affecting publicly-traded oil, gas, and mining companies. The Commission promulgated these regulations pursuant to Section 1504 of the Dodd-Frank Act....more

Copyright Issues in Textbook Case

by Cullen and Dykman LLP on 11/19/2012

On Monday, October 29, 2012 the U.S. Supreme Court heard oral arguments on an action involving a college student who sold overseas editions of college textbooks to help finance his education. ...more

Croatian Employment Law in Brief

by Fisher & Phillips LLP on 11/7/2012

Since its declaration of independence in 1991, which precipitated the dissolution of Yugoslavia, Croatia has had a difficult path transitioning to a market economy. Now, Croatia is set to become the newest member of the...more

Product Liability Update -- October 2012

by Foley Hoag LLP on 10/2/2012

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

Arbitration Process Reconfirmed in Landmark Indian Supreme Court Decision

by Miller Canfield on 9/26/2012

On September 6, 2012, the Supreme Court of India delivered a landmark decision in Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc. In a decision that is expected to be welcomed by the international arbitration...more

Foreign Investments: Iran Investment Bill Well-Intentioned, But Unconstitutional

by Barger & Wolen on 7/23/2012

Sam Sorich and Larry Golub authored an article in the Insurance Journal discussing AB 2160, legislation that would prevent insurers from counting investments connected to the Iran's energy industry toward meeting their...more

Seventh Circuit Allows Foreign Price-Fixing Claims to Proceed

by Howard Ullman on 6/28/2012

Yesterday, in Minn-Chem, Inc. v. Agrium Inc., No. 10-1712, the en banc 7th Circuit addressed the Foreign Trade Commerce Antitrust Improvements Act (“FTAIA”) in the context of an alleged worldwide scheme to fix potash prices...more

Responding to Government Demands for Content Restrictions: The Need to Focus on Responsible Implementation Strategies

by Foley Hoag LLP - Corporate Social... on 2/13/2012

The announcement by Twitter last month that it is deploying the ability to block tweets on a country-by-country basis in response to government demand for content restrictions has generated an enormous amount of...more

Things to Consider Before Hiring Employees in Brazil

by Michael Diaz Jr. - Diaz Reus International... on 12/23/2011

As the United States battles high unemployment rates amidst announcements of massive layoffs by the country’s largest employers, Brazil is experiencing the lowest unemployment rate in its history. The second largest country...more

Yes there is a citizen of a State and a citizen of the United States

by Dan Goodman on 10/26/2011

There is a citizen of the United States, and a citizen of a State who is not a citizen of the United States. Legal authority quoted, cited and linked....more

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

by Quinn Emanuel Urquhart & Sullivan, LLP on 8/23/2011

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

English Supreme Court Champions Party Autonomy in Arbitration

by Reed Smith on 8/10/2011

The often-cited list of advantages of arbitration includes economy, speed, procedural flexibility, the ability to choose arbitrators, the neutrality of the process and cross border enforcement of awards. While parties with...more

More Comments on Personal Jurisdiction

by Dechert LLP on 7/20/2011

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

by Dechert LLP on 7/18/2011

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

by Schnader Harrison Segal & Lewis LLP on 7/13/2011

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

by Duane Morris LLP on 7/1/2011

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

by Morrison & Foerster LLP on 7/1/2011

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

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Commercial Law & Contracts › International Law & Trade › Constitutional Law