The Fatal Dangers of Medical Tourism by Lawyers.com on 5/23/2012 The investigation was one James Goldberg never wanted to undertake. Six years ago, Goldberg’s son Joshua, then 23, was living in Thailand, studying to become a Buddhist monk. When Joshua mysteriously lost feeling in his...more
Liberalizations Decree: Main Relevant Changes and Powers of the Italian Competition Authority by McDermott Will & Emery on 5/23/2012 The main developments in antitrust are: 1. Merger Control (Art. 5-bis); From 1 January 2013: The Italian merger control thresholds will be cumulative and no longer alternative (i.e. the combined...more
UK Public Procurement Law Digest: Successfully Setting Aside UK Procurement Contract Awards by Morrison & Foerster LLP on 5/22/2012 Ever since UK law was changed to permit courts to set aside improperly awarded public contracts, there has been a series of unsuccessful attempts to invoke the new remedy. Successful set-aside applications have been rare...more
Planning for Outsourcing’s Exit by Morrison & Foerster LLP on 5/21/2012 As the average duration of outsourcing contracts continues to become shorter, the issue of exit grows in importance. By tradition, best practice in negotiating exit terms has been: plan it early, and work hard to make it...more
District Court in Chevron v Donziger Upholds Many Claims, Including RICO Claim Against U.S. Lawyer, Despite Thus-far Valid... by Cadwalader, Wickersham & Taft LLP on 5/21/2012 Chevron Corp. v Steven Donziger, et al., 11 Civ. 0691 (LAK) (S.D.N.Y. 2012), is the District Court’s most recent order in the array of cases concerning the multibillion judgment entered against Chevron in Ecuador. We have...more
Reuters: Corporations Face Long Odds in Tax Cases Heard by the United States Supreme Court – Situation Brighter in Canada by Fraser Milner Casgrain LLP on 5/21/2012 Reuters recently reported a study showing that corporations face very long odds in tax appeals heard by the United States Supreme Court. There were 919 income tax cases in the Supreme Court of the United States from 1909 to...more
Digital Media Law Alert -- Court Orders Search Engines and Social Sites to De-Index Websites -- May 2012 by Ruskin Moscou Faltischek on 5/17/2012 Hermes International SCA (www.Hermes.com), maker of Birkin handbags and silk scarves, recently won a judgment that includes $100 million in damages against 34 websites that sold fake copies of its luxury goods on websites...more
ACTA: The Public Revolt by Ladas & Parry LLP on 5/17/2012 The Anti-Counterfeiting Trade Agreement (ACTA) is the latest and most far-reaching attempt to harmonize intellectual property enforcement and strengthen anti-counterfeiting efforts across the globe. As of May 2012, the...more
Winning Business Appeals in Ontario, Canada by Ellyn Law LLP on 5/14/2012 At the root of appeals from judgments in commercial cases is the burning question: Does the result make sense from a business perspective? or put in more legally-eloquent language: Does this result meet the test of...more
SEC Staff Issues Report on the Cross-Border Scope of Private Rights of Action for Securities Fraud by Sheppard Mullin Richter & Hampton LLP on 5/10/2012 The staff of the Securities and Exchange Commission (“SEC”) recently released a study on the cross-border scope of the private right of action under Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”),...more
Hermès Wins In Suit Against Counterfeit Group by Winthrop & Weinstine, P.A. on 5/9/2012 I am going to Paris in a couple of weeks, so the recent $100 million judgment in favor of the Paris based Hermès International SCA (“Hermès”) piqued my interest. Unlike my prior post Stealing Trademarks Can Land You in Jail,...more
ITC Ruling May Presage Return of Sanctions Proceedings by Duane Morris LLP on 5/2/2012 U.S. International Trade Commission (ITC) Administrative Law Judge Thomas B. Pender (ALJ) recently imposed sanctions on Apple due to the intentional misrepresentations of fact in the opening statement and briefing. This sua...more
CBP Adds a New Tool to its Anti-Counterfeit Arsenal: New Rule Brings IP Rights Holders into Pre-seizure Investigative Process by Venable LLP on 5/1/2012 Tuesday, April 24, 2012, U.S. Customs and Border Protection (“CBP”) issued a new Interim Rule that, effective immediately, enhances the effectiveness of its anti-counterfeit operations. 77 Fed. Reg. 24,375. The rule amends...more
Van Breda: The Supreme Court of Canada Provides Clarity to Canadian Conflict of Laws Rules by Field Law on 4/30/2012 It is a fact of life in the modern world that manufacturers and distributors of products often do business in multiple jurisdictions, across multiple borders. A product manufactured in one country, can be distributed and sold...more
BVI injunctions in aid of foreign divorce proceedings by Harney Westwood & Riegels on 4/27/2012 Further to the series on interim remedies, Global Head of Litigation, Phillip Kite outlines the available options for injunctions in aid of foreign divorce proceedings. This area has expanded in recent years, in particular...more