Conflict of Laws › Business Torts › International Law & Trade

Federal Court of Appeals Affirms Dismissal of State Law Claim of Fraud By Combination of State Substantive Law Requirements and...

Stephenson v. PricewaterhouseCoopers (PWC), 11-1204-cv (2d Cir. 2012) (Summary Order), addresses the viability of claims against Canadian-organized PWC for fraud and negligence arising from PWC’s unqualified audit reports...more

District Court in BP Securities Class Action Dismisses Non-U.S. Securities Claims on the Basis of Morrison and Effective...

In re BP p.l.c. Securities Litigation, MDL No. 10-md-2185 (S.D. Tex. Feb. 2012), is a 129-page decision comprehensively addressing the allegations underlying and the securities claims arising from the BP oil spill of...more

Post-Morrison, State Law Rather Than Federal Supports Claims By Non-U.S. Investors for Alleged Securities Fraud

We have been following the law’s development since the U.S. Supreme Court’s decision in the U.S. Supreme Court’s decision in Morrison v. National Australia Bank (No. 08-1191). Morrison held that Section...more

Chevron v. Naranjo, et al.

Second Circuit Opinion Dismissing Chevron's Attempt to Bar Enforcement of Ecuador Judgment.

The U.S. Court of Appeals for the Second Circuit in New York issued an opinion explaining its decision to overturn a district court injunction barring enforcement of the judgment outside of Ecuador. Chevron filed suit in...more

Paris International Litigation Bulletin no. 2

RECENT DEVELOPMENTS French legislative and regulatory developments Page 4 French proceedings Page 6 European and international law Page 7 FEATURES The so-called inefficiency of the French legal system: Myth or reality...more

Paris International Litigation Bulletin no. 1

OVERVIEW OF RECENT DEVELOPMENTS Legislative developments in France Page 1 Proceedings before French courts Page 1 European law Page 3 Foreign case law Page 4 FEATURES The French Supreme Court holds that an order to...more

in Re: Chiquita Brands International Alien Tort Litigation

Opinion & Order on Motion to Dismiss

Plaintiffs allege claims against Chiquita Brands International under 28 U.S.C. sec. 1350, commonly known as the Alien Tort Statute ("ATS'"), for terrorism; material support to terrorist organizations; torture; extrajudicial...more

Empresa Cubana v. U.S.(Havana ClubTrademark Dispute)

Decision on Havana Club Trademark Dispute Between Bacardi and Pernod

A divided appeals court in Washington ruled in favor of the U.S. Treasury Department's refusal to renew a Cuban company's trademark for "Havana Club" rum. The decision is the latest development in a long and bitter dispute...more

Morrison v. National Australia Bank

Transcript Oral Argument March 29, 2010

This is the transcript of oral argument heard by the Supreme Court in Morrison v. National Bank of Australia on March 29, 2010. The case centers on so called “F-Cubed” securities class actions. The issue to be determined...more

An 'Unconventional Truth': Conflict of Laws Issues Arising Under the CISG

This article discusses the applicability of the CISG from a Canadian conflict of laws perspective - both in terms of jurisdiction and choice of law. The analysis is framed by providing an outline of the key jurisdictional and...more

SEUNG WOO LEE vs. IMAGING3, INC.

Appellant's Opening Brief

This case involves disputed contentions concerning the validity of an award made against Defendant/Appellant before the Korean Arbitration Board and of the counterclaims of Appellant before the United States District Court....more

Bringing Locus Into Focus: A Choice-of-Law Methodology for CISG-based Concurrent Contract and Product Liability Claims

The article discusses choice-of-law theories for both contractual and tort/product liability claims governed by the CISG. The underlying theme is that concurrent claims are not necessarily equivalent claims. While concurrent...more

OIL'S NOT WELL IN LATIN AMERICA: CURING THE SHORTCOMINGS OF THE CURRENT INTERNATIONAL ENVIRONMENTAL LAW REGIME IN DEALING WITH...

Although international environmental law has made some inroads in identifying global environmental problems, it has mostly proved ineffective at adequately addressing them. The absence of a governing body to monitor and...more