International Law & Trade, Civil Procedure

International Litigation Update: Developments Concerning the Alien Tort Statute and Personal Jurisdiction

by King & Spalding on 5/17/2013

In the span of less than a week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., a decision concerning the reach of the Alien Tort Statute, and granted certiorari in Bauman v....more

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

by Lawrence M. Sung | BakerHostetler on 5/16/2013

On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

Service by Social Media: The First Step in a New Way to Serve Foreign Defendants

by Joseph Rich | Cozen O'Connor on 5/16/2013

For those recovery and subrogation professionals facing the challenge of serving foreign defendants with legal papers for actions filed in the U.S. courts, the process “serving” those foreign defendants can be a long and...more

Federal Circuit Refuses To Enjoin International Arbitration Of Patent Claims

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 5/16/2013

Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power is not absolute....more

Patent Watch: Motiva, LLC. v. Int'l Trade Comm'n

by Lawrence M. Sung | BakerHostetler on 5/15/2013

The "Commission is fundamentally a trade forum, not an intellectual property forum" [and] litigation expenses directed at preventing, instead of encouraging manufacture of, articles incorporating patented technology does not...more

New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become...

by Gordon Bell, Elinor Crowther | Reed Smith on 5/13/2013

On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board - The standard FIDIC form of contract contains a tiered...more

The U.S. Supreme Court Rejects Extraterritorial Lawsuit Against Shell Oil

by Tyler Weidlich | Baker, Donelson, Bearman, Caldwell &... on 5/13/2013

The United States Supreme Court, in Kiobel v. Royal Dutch Petroleum, recently restricted the scope of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), a 224-year-old law often used to invoke jurisdiction in suing...more

Corporate and Financial Weekly Digest - May 10, 2013

by Katten Muchin Rosenman LLP on 5/13/2013

In this issue: - SEC Roundtable Discusses Current Securities Law Topics at 33rd Annual Ray Garrett Jr. Corporate and Securities Law Institute - SEC Reopening Comment Periods for Certain Rulemaking Releases and...more

Automotive Legal News - May 2013 • 2nd Quarter

by John Anderson, Sr., James M. Burns, M. Kimberly Stagg, Richard Wilhelm | Dickinson Wright on 5/9/2013

IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring...more

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

Rubin: Enforcement of US Judgments in England

by Nicholas Greenwood | Morgan Lewis on 5/8/2013

UK Supreme Court decision confirms traditional rules on enforcement of all US judgments in England and reverses a significant liberalisation of cross-border bankruptcy law....more

Transfer $8 Million Out Of Accounts In New York? That Action Alone Is Not Sufficient To Establish Personal Jurisdiction

by Mark McGrath | Sheppard Mullin Richter & Hampton LLP on 5/7/2013

In Henkel v. Masiero, Index No. 650425/2012 (N.Y. Sup. Ct., N.Y. Cnty. Mar. 18, 2013) (the “Opinion”), the Supreme Court (J. Bransten) granted the defendants’ motion to dismiss for lack of personal jurisdiction on the grounds...more

Orrick's Financial Industry Week in Review - May 6, 2013

by Orrick, Herrington & Sutcliffe LLP on 5/6/2013

On April 30, the FHFA issued its progress report on the steps being taken to establish a common securitization infrastructure for MBS. The FHFA is encouraging interested parties to provide written input on the progress...more

Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants

by Ron Cai, Victoria Ding | Davis Wright Tremaine LLP on 5/6/2013

On Jan. 18, 2013, the Supreme People’s Court of China promulgated Judicial Interpretation IV on Several Issues Concerning the Application of Law in Hearing Labor Dispute (the “Interpretation”). The Interpretation went into...more

Corporate and Financial Weekly Digest - May 3, 2013

by Katten Muchin Rosenman LLP on 5/6/2013

In this issue: - SEC Issues Proposal Regarding Cross-Border Security-Based Swap Activities - CFTC Staff Issues No-Action Letters - Delaware Court Dismisses Securities Fraud Action Against Power Plant...more

ITC Section 337 Update - May 1, 2013

by King & Spalding on 5/3/2013

Congress Holds Hearings On Section 337 Litigation – On April 16, 2013, the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, held a hearing on “Abusive Patent Litigation: The...more

"New York’s Highest Court Refuses to Allow Judgment Enforcement Against International Bank Subsidiaries"

by Lea Haber Kuck, Gregory Litt, Scott Musoff, Timothy Nelson | Skadden, Arps, Slate, Meagher & Flom LLP on 5/3/2013

This week, the New York Court of Appeals, New York’s highest state court, issued a unanimous opinion in Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce, 2013 N.Y. Slip Op. 03018 (N.Y. Apr....more

Global Connection - May 2013

by Sara J. Agne, Daniel Huitink, Ray C. Jones, Richard Katz, Harsh Parikh, Heidi McNeil Staudenmaier, Rebecca Winterscheidt | Snell & Wilmer L.L.P. on 5/3/2013

International trade is critical to our global economy and importers and exporters should stay apprised of new developments, restrictions and potential pitfalls to ensure they remain in compliance with a myriad of laws and...more

Federal Circuit Review - Volume 3 | Issue 4 - April 2013

by Knobbe Martens Olson & Bear LLP on 5/2/2013

In This Issue: • Double Patenting Applies With Distinct Inventive Entities • Inducement Judgment Remanded in Light of Akamai • First Sale Doctrine Applies to Sales Made Abroad - Excerpt from Double...more

The English Court of Appeal confirms the effectiveness of Certificates of Acceptance in aircraft leasing transactions

by Adrian Beasley, Justin Benson, Jason Yardley | White & Case LLP on 5/1/2013

The Court of Appeal’s recent decision in Olympic Airlines SA (in special liquidation) v ACG Acquisition XX LLC [2013] EWCA Civ 369 gives welcome comfort to lessors that properly drafted Certificates of Acceptance will provide...more

Where Do Your Interests Lie Under Chapter 15 of the Bankruptcy Code? Determining a foreign debtor’s “center of main interests”...

by Eric R. Blythe, Kevin J. Walsh | Mintz Levin - Bankruptcy, Restructuring &... on 5/1/2013

When doing business with a foreign company, it is important to identify the company’s “center of main interests” (“COMI”) as creditors may find themselves bound by the laws of the COMI locale. If a company initiates...more

Russian Federation Supreme Commercial Court’s Review of the Application by the Russian Courts of the Public Policy Defense

by Pavel Boulatov, Grigory Chernyshov, Julia Zagonek | White & Case LLP on 5/1/2013

This alert analyzes the legal positions taken by the Presidium of the Russian Federation Supreme Commercial Court (“SCC”) in its recently published review of commercial court practice in cases concerning the application of...more

U.S. International Trade Commission Publishes Rules of General Application and Adjudication and Enforcement Effective May 20, 2013

by King & Spalding on 5/1/2013

On April 19, 2013, the U.S. International Trade Commission (“Commission”) published final Rules of General Application and Adjudication and Enforcement (78 Fed. Reg. 23474-82), which become effective on May 20, 2013. The...more

The Supreme Court Again Revisits (And May Rein In) Personal Jurisdiction: Two Cases Now Up Next Term

by Grant Esposito, Brian Matsui | Morrison & Foerster LLP on 4/30/2013

On April 22, 2013, the Supreme Court granted review in another personal jurisdiction case: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22, 2013). The question presented in DaimlerChrysler is “whether it...more

Appeals Court Dismisses Challenge To SEC Resource Extraction Rules

by Ethan Mark | Leonard, Street and Deinard - Dodd-Frank and... on 4/30/2013

In 2012 ,the SEC adopted final rules requiring public companies engaged in certain oil and gas activities to disclose payments made to domestic and foreign governments as required by the Dodd-Frank Act. The rules were...more

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International Law & Trade › Civil Procedure