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International Trade Civil Procedure

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

Restructuring and Insolvency Bulletin Issue 2 - 2017: U.S. Court recognizes a Russian bankruptcy case

by Dechert LLP on

The Bankruptcy Court of the Southern District of New York recently addressed objections to the recognition of a Russian bankruptcy case as a foreign main case under Chapter 15 of the U.S. Bankruptcy Code and to the...more

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

by Hogan Lovells on

The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528). The judgment...more

Bankruptcy Court Grants MF Global Holdings’ Motion To Reconsider Decision To Compel Arbitration In Bermuda, But Reaches Same...

by Carlton Fields on

On September 6, 2017, the Bankruptcy Court for the Southern District of New York issued the latest order in the ongoing coverage battle between MF Global Holdings (“MF Global”) and Allied World Assurance Company regarding the...more

Jesner v Arab Bank: corporate liability under the Alien Tort Statute?

by Hogan Lovells on

All eyes are once again on the Supreme Court of the United States (SCOTUS) as it turns its attention to the application of the Alien Tort Statute (ATS) to companies accused of complicity in human rights violations committed...more

Corporate Liability and the Alien Tort Statute: Highlights from the Oral Arguments in Jesner v. Arab Bank

On Wednesday, October 11, the U.S. Supreme Court heard oral arguments in Jesner v. Arab Bank. The case may once and for all determine whether companies are appropriate defendants in cases filed pursuant to the Alien Tort...more

The Macron Ordinances - Topic 1: New Rules on Dismissals

by White & Case LLP on

New rules to reform French employment law, as announced in our previous client alert of September 19th, 2017, have been published in the French official journal on September 23rd, 2017. Some measures are immediately...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Goldman’s deal-making advising is sputtering a bit these days, so Lloyd and the gang are working on generating some of those deals themselves through a new Innovations Lab internal venture....more

Singapore Court confirms limited scope for adjudication set aside

by White & Case LLP on

In Mataban Development Pte Ltd v Black Knight Warrior Pte Ltd, a respondent-owner failed to serve a valid payment response under the Building and Construction Industry Security of Payment Act ('SOP Act'). The adjudicator thus...more

Investor Class Action Lawsuit Targets Australian Bank for Alleged AML Failures and Use of “Intelligent” Machines for Anonymous...

by Ballard Spahr LLP on

We previously have observed that financial institutions face an increasing risk that alleged Anti-Money Laundering (“AML”) and Counter-Terrorism Financing (“CTF”) violations will lead to follow-on allegations of securities...more

No implied obligation to work with due diligence and expedition

by White & Case LLP on

The Singapore Court of Appeal has recently held that there was no implied term of due diligence and expedition in a construction contract. This case aligns the Singaporean approach with that of the English courts....more

Corporate Social Responsibility and the Rana Plaza Class Action

by Bennett Jones LLP on

On July 5, 2017, the Ontario Superior Court of Justice released a 129-page decision in the Rana Plaza class action (Das v George Weston Limited, 2017 ONSC 4129), a proposed class action brought in Ontario on behalf of...more

ALJ Shaw: ITC is a Viable Forum for Enforcement of SEPs

The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (1012...more

Employee monitoring – avoiding pitfalls in a changing landscape

by White & Case LLP on

Recent developments in case law and regulatory guidance have emphasised the need for employers to be cautious when implementing systems to monitor employees....more

Treasury Wine Decision Confirms Shift in Class Action Closure Process

Recently, in Melbourne City Investments Pty Ltd v. Treasury Wine Estates Limited (“Treasury Wine”), the Full Court of the Federal Court of Australia considered a primary judge’s class closure order which broke new ground in...more

Justice Department Accuses Google of “Alarming” Tactics in Fight over SCA Search Warrant

The ongoing dispute between the government and Google concerning the company’s refusal to hand over customer data stored on foreign servers has taken an odd twist. Now, the Justice Department is demanding that Google be...more

Rx IP Update - September 2017

by Smart & Biggar on

Federal Court of Appeal Applies Supreme Court’s Utility Test to SPRYCEL Patent - In its first decision to consider the Supreme Court of Canada’s landmark decision in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36...more

European Court of Justice to Rule on Validity of Standard Contractual Clauses

On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems1 concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very large...more

Respondents Denied Leave to Amend Answer to Complaint

by Jones Day on

In Certain Digital Cable and Satellite Products, Set-Top Boxes, Gateways and components Thereof; Inv. No. 337-TA-1049, ALJ McNamara recently denied a motion by Respondents to amend their answer to the complaint to add the...more

Irish High Court Refers Facebook’s Data Case to the European Court of Justice

by Alston & Bird on

In what it considered “an unusual case”, the Irish High Court has referred the issue of the way data is transferred between the EU and countries outside the EU to the Court of Justice of the European Union (“CJEU”). Ms....more

Employment News - October 2017

by Hogan Lovells on

Border crossing – wide approach to reinstatement - In Dafiaghor-Olomu v Community Integrated Care the EAT found that re-employment might be practicable even though an employer no longer had a place of business in Scotland....more

Recent US Court Decision Addresses Patent Infringement Dispute Between Two Finnish Companies - The World in U.S. Courts: September...

The World in U.S. Courts was launched as a quarterly publication almost five years ago to catalogue new U.S. court decisions discussing some of the unique risks and opportunities for parties based in other countries. A few...more

Respondents Sanctioned For Discovery Violation

by Jones Day on

On September 28, 2017, in Certain Carbon and Alloy Steel Products; Inv. No. 337-TA-1002, ALJ Lord issued the public version of her order requiring Respondents Wuhan Iron and Steel Group Corp., Wuhan Iron and Steel Co., Ltd.,...more

EU Litigation Update - September 2017

Germany: Expanding Liability for Patent Infringement to Extra-Territorial Acts. In a recent decision, the German Supreme Court (“Bundesgerichtshof”) expanded the liability for patent infringement of a foreign company selling...more

Yet Another Ruling Deepens the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially

by Jones Day on

The ability to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law. However, when a transfer by a U.S. entity takes place outside the U.S. to a non-U.S. transferee—as is increasingly common...more

No Right to Discovery of Unidentified Patents During BPCIA Litigation

by McDermott Will & Emery on

Addressing for the first time the issue of whether a sponsor has the right to obtain discovery related to infringement of non-asserted patents in a biosimilar litigation, the US Court of Appeals for the Federal Circuit...more

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