International Law & Trade, Products Liability, Commercial Law & Contracts

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

European Commission Plans to Change Consumer Product Safety Rules

by Alistair Maughan | Morrison & Foerster LLP on 4/26/2013

The European Commission plans to introduce new rules to improve the safety regime applicable to non-food consumer products distributed in the EU. The Commission has put forward a new package of measures to provide more...more

When Food Production Leads to Prosecution

by Jeffrey B. Coopersmith, Chip English, David Ernst, Nicholas Kampars | Davis Wright Tremaine LLP on 3/7/2013

Over the last few weeks, two big stories have made headlines in the food industry. Beginning in early February, news media across Europe began reporting that food products tested in several European countries contained...more

Bernstein Shur Business and Commercial Litigation Newsletter #23

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 1/2/2013

In This Issue: - The Second Circuit Court of Appeals holds that a U.S. employer may pursue trade secret claims against a former employee who allegedly misappropriated sensitive corporate information in Canada. - A...more

Product Liability Update -- October 2012

by Foley Hoag LLP on 10/2/2012

In This Issue: Massachusetts Federal Court Holds Japanese Escalator Accident Study Inadmissible for Lack of Authentication and Demonstrated Connection to Facts of Case, Defendant’s Introduction of New Shoe Design in...more

Chinese Contracting Best Practices

by Robert Freedman - Partner at Tharpe & Howell,... on 9/19/2012

There are many risks involved in dealing with Chinese companies. We previously discussed The Importance Of China Due Diligence And Corporate Seals. And we asked the probing question: Is The Era Of Cheap Goods From China...more

English Law Reinsurance Contracts May Not Cover Asbestos or Other U.S. Liabilities

by Pillsbury Winthrop Shaw Pittman LLP on 7/24/2012

In the words of the Court of Appeal in Faraday Reinsurance Co Ltd v Howden North America Inc & Anor [2012] EWCA Civ 980 (20 July 2012), "it would be idle to pretend that the English courts and the American (including the...more

Australia Expands Warranty Protection for Consumers

by Dinsmore & Shohl LLP on 3/27/2012

Exporting to Australia just got a little trickier for consumer product and service providers. The Australian Consumer Law (the “Act”) was recently amended to expand the warranty protections afforded to consumers. These...more

Complying With Brazil's Consumer Protecting Code

by Michael Diaz Jr. - Diaz Reus International... on 1/31/2012

Brazil, as the seventh largest economy in the world, and the fifth largest nation in terms of land mass, continues to present great market opportunities to foreign investors. Product or service suppliers can enjoy great...more

Limitation of Liability in a Supply Contract

by Dinesh Kumar Jap on 1/1/2012

In order to ensure that the terms and conditions set forth in the Supply Agreement can be enforceable, the clauses related with exclusion of limitation of liabilities needs to be observed and revised in accordance with UCTA....more

Distance Selling - new EU Directive

by Giles Dixon on 10/20/2011

The EU has issued new Rules on distance selling including internet trading that are designed to give more protection to consumers shopping online....more

Supreme Court Considers Foreign Manufacturer's Challenge on Jurisdiction

by Snell & Wilmer L.L.P. on 9/16/2011

The United States Supreme Court is considering a fundamental issue for businesses whose products are sold in the United States: where can those businesses be sued? That is the central question in a product liability case that...more

Supreme Court Tightens Requirements for State Courts to Exercise Jurisdiction Over Foreign Corporations

by Quinn Emanuel Urquhart & Sullivan, LLP on 8/23/2011

Recently, the Supreme Court addressed the standards for state courts asserting jurisdiction over foreign corporations. In Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76 (June 26, 2011) and J. McIntyre Mach., Ltd....more

More Comments on Personal Jurisdiction

by Dechert LLP on 7/20/2011

Our recent post on the Supreme Court's two "stream of commerce" personal jurisdiction decisions, produced an email to us from Arthur Fergenson, at Ansa Assuncao, LLP, who argued the J. McIntyre v. Nicastro case to the Supreme...more

Managing Supply-Chain Risks Post Goodyear, McIntyre

by Gilbert LLP on 7/18/2011

Originally published in Law360, New York (July 18, 2011). On June 27, 2011, the United States Supreme Court announced two decisions that clarify and limit the ability of plaintiffs, including corporate plaintiffs, to...more

Personal Jurisdiction 2.0

by Dechert LLP on 7/18/2011

We gave you our quickie analysis of Goodyear Dunlop Tires Operations, S.A. v. Brown, ___ U.S. ___, 2011 WL 2518815 (U.S. June 27, 2011); and J. McIntyre Machinery, Ltd. v. Nicastro, ___ U.S. ___, 2011 WL 2518811 (U.S. June...more

FDA’s Special Report on Product Safety and Quality

by Howard Ankin on 7/13/2011

The U.S. Food and Drug Administration (FDA) recently issued a special report on product safety and quality designed to meet the challenges imposed by the increasing number of FDA-regulated imports and a complex global supply...more

Cloudy Skies Ahead: A Divided Supreme Court Provides Uncertain Course for Jurisdiction Over Out-of-State Manufacturers

by Schnader Harrison Segal & Lewis LLP on 7/13/2011

The Due Process Clause of the Fourteenth Amendment protects individuals from the unlawful exercise of power. Among other things, it protects individuals from being sued in states where the individual has no connection; a...more

U.S. Supreme Court Reaffirms Stringent Test for General Jurisdiction over Foreign Manufacturers

by Duane Morris LLP on 7/1/2011

In Goodyear Dunlop Tires Operations, S.A. v. Brown, decided on June 27, 2011, a unanimous U.S. Supreme Court reaffirmed the distinction between general and specific jurisdiction, holding that certain foreign subsidiaries of...more

The Supreme Court Limits Personal Jurisdiction over Foreign Defendants: A Potential End to the Stream of Commerce Theory

by Morrison & Foerster LLP on 7/1/2011

On June 27, 2011, the Supreme Court of the United States decided two personal jurisdiction cases: Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76, and J. McIntyre Machinery, Ltd. v. Nicastro, No. 09-1343. In...more

Supreme Court Decides Two Personal Jurisdiction Cases

by Dechert LLP on 6/30/2011

At the end of the term, the Supreme Court decided two important personal jurisdiction cases, J.McIntyre Machinery Ltd. v. Nicastro, U.S., No. 09-1343, and Goodyear Luxembourg Tires SA v. Brown, U.S., No. 10-76. The first...more

Supreme Court Rejects Expansive 'Stream of Commerce' Theory of Personal Jurisdiction

by Reed Smith on 6/29/2011

Due Process Requires That a Defendant Purposefully Target Activities Toward a Particular State in Order To Be Subject to Jurisdiction There This week, the U.S. Supreme Court issued two opinions clarifying the criteria that...more

Information on the New Law on Food Safety

by Quynh Pham on 10/18/2010

Please find below the recent Client Alert sent out regarding the New Law on Food Safety....more

Bringing Locus Into Focus: A Choice-of-Law Methodology for CISG-based Concurrent Contract and Product Liability Claims

by Antonin Pribetic on 1/30/2007

The article discusses choice-of-law theories for both contractual and tort/product liability claims governed by the CISG. The underlying theme is that concurrent claims are not necessarily equivalent claims. While concurrent...more

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International Law & Trade › Products Liability › Commercial Law & Contracts