International Trade Constitutional Law Civil Remedies

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Second Circuit Affirms No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision

In Liu v. Siemens A.G., No. 13-cv-4385, 2014 WL 3953672 (2d Cir. Aug. 14, 2014), the Second Circuit affirmed that the anti-retaliation provision in Section 922 of Dodd-Frank does not apply extraterritorially. This post...more

The Google Tornado: Just How Ground-Breaking Is The "Right To Be Forgotten"

The recent decision of the European Court of Justice relating to Google and the "right to be forgotten", enabling citizens from the European Union to request search engines operating in Europe to delete, or not to show,...more

The risk of self-incrimination in cross-border disputes: Hollinger case study – Part II

Sun-Times Media Group, Inc. v. Black, [2007] O.J. No. 795, is another case involving the former officers and directors of the Hollinger-related corporations, which highlights the risk of self-incrimination that officers and...more

What’s in a joke? Advocate General opinion finds parody to be an autonomous concept of EU law

Advocate General Cruz Villalon released his eagerly awaited opinion on 22 May 2014, in the case of Johan Deckmyn [C-201/13]. The opinion confirms that “parody” is an autonomous concept of EU law and that to qualify as a...more

Sweden: The Swedish Gambling Authority takes action against links to foreign based online gambling operators

The Swedish Gambling Authority has issued injunctions under the penalty of a fine of SEK 45,000 per day against the Swedish newspapers Aftonbladet and Expressen, claiming that the newspapers’ links to foreign based gambling...more

To amparo or not to amparo?

José Alberro, director at Berkeley Research Group in California, examines stock market punishment and enforcement of the Mexican Federal Competition Commission decisions In the Mexican legal system, the recurso de...more

Kiobel v. Royal Dutch Ptroleum

U.S. Supreme Court Opinion Kiobel

In an opinion issued on April 7, 2013, the U.S. Supreme Court has ruled against a group of Nigerians living in the United States who sought to hold oil companies accountable for alleged human rights violations in Nigeria...more

Cyprus: To Litigate or Not to Litigate?

Harneys’ Cyprus Banking Group is closely monitoring a legal challenge to the bail-out legislation which is currently before the Cyprus courts....more

The United States Court of Appeals for the Second Circuit Rejects Aiding and Abetting Liability for Civil Damage Claims Under the...

The United States Court of Appeals for the Second Circuit issued an opinion on February 14, 2013, holding that the civil liability provision of the Anti-Terrorism Act of 1990, 18 U.S.C.§ 2333(a) (the “ATA”) does not permit...more

Fifth Circuit Holds that Personal Jurisdiction is Required in New York Convention Recognition Proceedings

On December 21, 2012, the U.S. Court of Appeals for the Fifth Circuit issued its decision in First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd., in which that court addressed, for the...more

Comment On Case: Coury v. Prot, Fifth Circuit, June 19, 1996

In the case of Coury v. Prot, Circuit Judge Dennis concludes that the word "resides" as used in the Section 1, Clause 1 of the Fourteenth Amendment means "domiciled" in a State. This is shown to be wrong. In the...more

Diversity of Citizenship: The Basics

Discover what a diversity of citizenship case is; that in a diversity of citizenship case the proper citizenship must exist both when the action is commenced at the state level and when the petition for removal is filed...more

Two Distinct State Citizens For Purposes Of Diversity Of Citizenship

In any State of the Union, since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there are now two distinct state citizens. The first is recognized at Article IV, Section 2, Clause 1 of the...more

A Surprise Twist: U.S. Supreme Court Will Rehear Kiobel

On March 5, less than a week after oral arguments in Kiobel v. Royal Dutch Petroleum, the Supreme Court ordered the case "restored to the calendar for reargument." The Court's order directed the parties to file new briefs on...more

Enforcing Judgments in International Law: Campbell v Zimbabwe

International laws and their enforcement are issues of increasing importance in today's world of globalization. Many civilized nations sign treaties to codify and interpret the international laws that govern their relations....more

From Habeas Data Action to Omnibus Data Protection: The Latin American Privacy (R)Evolution

Latin America: More Privacy than You Would Expect Whenever you ask a privacy expert about parts of the world with strict data privacy laws, the European Union, with its by now famous EU Data Protection Directive, is...more

Amendment could be bad for business By Dan Loeffler

First appeared in The Journal Record - November 11, 2010. Last week, Oklahoma voters passed State Question 755, which would amend the Oklahoma Constitution to forbid Oklahoma courts from “looking to” or “considering” the...more

Kiobel v. Royal Dutch Shell Petroleum (No Corporate Liability Under AlienTort Claims Act)

Order Affirming Motion to Dismiss

A panel of the court ruled 2-1 on September 17, 2010 that the Alien Tort Statute gives U.S. courts jurisdiction over alleged violations of international law by individuals only, not by corporations. The decision dismisses...more

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