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Two Recent Decisions Highlight the Court’s Increasingly Narrow Interpretation on the Availability of Legal Privilege in Internal...

by Dorsey & Whitney LLP on

Two recent decisions of the English High Court have considered the availability of legal professional privilege in relation to internal investigations. In both cases the availability of legal professional privilege has been...more

Texas Supreme Court Weighs In on Tied House

by McDermott Will & Emery on

Late last month, the Texas Supreme Court issued a ruling in Cadena Comercial USA Corp. d/b/a OXXO v. Texas Alcoholic Beverage Commission, finding in favor of the Texas Alcoholic Beverage Commission (TABC) and weighing in for...more

International Arbitration Newsletter - May 2017

by Latham & Watkins LLP on

On 1 March 2017 the UK Supreme Court1 overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting...more

Courts Continue to Struggle with Jurisdiction by Consent

by King & Spalding on

Introduction - On January 26, 2017, the U.S. District Court for the Southern District of New York (S.D.N.Y.) decided Famular v. Whirlpool Corp., a case addressing the circumstances in which an out-of-state corporation may...more

Is Google Incs Australian subsidiary a "publisher" for the purposes of a defamation claim - Mr Defteros claimed damages for...

by Dentons on

The alleged defamatory matter - Mr Defteros claimed damages for defamation against both Google Inc and its Australian subsidiary, Google Australia Pty Limited about the alleged publication of search result pages by...more

The Supreme Court Considers Whether Companies Can Be on the Hook for Human Rights Violations Under the Alien Tort Statute

by Ropes & Gray LLP on

Last Monday, the U.S. Supreme Court agreed to address the question of whether companies can be liable in federal court for human rights violations under a 1789 law. Most appeals courts that have considered this question found...more

Who is the Client for the Purposes of Legal Advice Privilege? English High Court Confirms Narrow Scope of Legal Advice Privilege

A recent decision out of the English High Court narrows the scope of the legal advice privilege, which will have important implications for US companies that have ties to the UK. Please see full Alert below for more...more

Business Litigation Report - March 2017

Culture: Meeting Regulatory Expectations - Recent scandals in the corporate and financial spheres have served to highlight the importance of a strong and well-embedded institutional culture. It is difficult to pinpoint...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the European Parliament’s adoption of a new conflict minerals...more

Commercial Court confirms that asymmetric jurisdiction clauses may be exclusive for the purposes of EU law

by DLA Piper on

Asymmetric jurisdiction clauses - also known as one-sided or 'for the benefit' clauses - are common in international financial services agreements, but their validity under EU law has been questioned in recent years by the...more

Roundup of upcoming cases and anticipated UK regulatory developments

by DLA Piper on

Cases to watch- Wall v RBS – is the bank entitled to an order requiring Mr Wall to identify the third party funder funding his case so that the bank can make an application for security for costs against the funder? Due...more

EU Competition Newsletter – February 2017

by Bryan Cave on

Portugal Asks European Court to Determine the Criteria Required for Discriminatory Pricing to Be an Abuse Under Article 102 of the Treaty on the Functioning of the European Union - Portuguese Court has asked the...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: updates on litigation in the Doe v. Nestle case; a private...more

Litigation Update: Plaintiffs Survive Motion to Dismiss in Case Involving Claims of Forced Labor in Corporate Supply Chains

January 11 2017 is National Human Trafficking Awareness Day, and therefore a good time to revisit some recent litigation developments. On November 9, a date on which most of the American media was focused on the Presidential...more

Foreign Companies (India) Establishing U.S. Subsidiaries – Some Jurisdictional Considerations (New Jersey)

Last week, a first level appellate court in New Jersey issued an opinion for publication discussing the potential grounds for finding jurisdiction over a foreign parent corporation when its wholly-owned subsidiary has its...more

Global Warming: Court of Appeal Shows Openness to Global Classes

by Bennett Jones LLP on

Class Action Case Update: The Ontario Court of Appeal's recent decision in Excalibur Special Opportunities LP v Schwartz Levitsky Feldman, 2016 ONCA 916 addresses when to assume jurisdiction in a global class action. ...more

Diamonds Are Forever, but Joint Ventures Are Not: Court Finds Claims Preempted by CUTSA in Business Deal Gone Bad

The holiday season is officially upon us: peppermint mochas have popped up on coffee shop menus, carols ring from department store speakers, and you can’t turn on the television without seeing at least three diamond...more

French Consumer Class Action: An Initial Assessment

by Reed Smith on

On 1 October 2016, the French consumer class action celebrated two years of existence. The initial assessment is rather reassuring for companies, although media coverage from the very beginning has been worrying and...more

Significant Swiss ruling handed down on privilege in anti-money laundering investigations

by White & Case LLP on

In a recent judgment, the Swiss Federal Tribunal has ruled that, where a financial institution delegates its investigation and reporting obligations under the Swiss Anti-Money Laundering Act ("AMLA") to external counsel,...more

Moratorium Over Singapore Proceedings Against Bermudan Company Granted

by Allen & Overy LLP on

Pacific Andes Resources Development Ltd [2016] SGHC 210 (27 September 2016) involved an application under section 210(10) of the Companies Act for the restructuring of, among others, a Bermudan company listed in Singapore and...more

Conducting an Internal Investigation in the PRC? Protect Your Company From the Outset

by Kobre & Kim on

Requests by a company’s counsel to interview company employees as part of internal investigations into potential misconduct are commonplace. But when a U.S. company and its counsel seek to interview citizens working for the...more

Nevada case a reminder to foreign entities: Protect your due process rights when served

by Thompson Coburn LLP on

Foreign companies frequently face lawsuits filed by U.S.-based plaintiffs. The service of the initial lawsuit on a foreign company is a process that has come under greater scrutiny in recent years in order to ensure...more

Antitrust-Related Recent Developments: Second Circuit Confirms Limited Nature of General Personal Jurisdiction

Following the Supreme Court’s 2014 decision in Daimler AG v. Bauman, several opinions from the United States Court of Appeals for the Second Circuit confirm the limited circumstances in which courts may exercise general...more

After Adopting the “Fraud-on-the-Market” Presumption of Reliance, Australia is Poised to Become a Plaintiff-Friendly Venue

The United States is a popular location for securities class actions, due in large part to its reputation as a generally plaintiff-friendly system. A key contributor to that reputation is the acceptance of the...more

Russian Legislation Update: 9 May - 17 July 2016

by White & Case LLP on

Welcome to the most recent issue of our Russian Legislation Update, covering the period of 9 May - 17 July 2016. In this issue: - Civil relations - Currency Control - Anti-Money Laundering - Banking -...more

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