International Trade Civil Procedure

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Asian supply chains and the territorial limits of EU competition law

A supply chain where goods, which were the subject of a cartel, were sold by the defendants in Asia and then indirectly resold to the claimants in the EEA did not amount to “implementation” of the cartel in the EEA and so...more

CJEU says dynamic IP addresses can constitute personal data

The Court of Justice of the European Union (“CJEU”) has ruled that dynamic IP addresses can constitute personal data. Dynamic IP addresses, registered by a website provider when an individual accesses its website, shall...more

Yes, We Can (Order a Country to Suspend Criminal Prosecution and Extradition): Hydro v. Albania Redux

An update, if not an epilogue, to the Hydro v. Albania saga. As described in our prior post, the ICSID arbitration tribunal in that case had imposed interim measures directing the Albanian government to suspend its...more

Deposition Horrors!

By Suzanne Quinson Image from Halloween is fast approaching, meaning zany costumes, yummy treats, Linus awaiting the Great Pumpkin, and horror stories! All attorneys, paralegals, and court reporters have a few of...more

Limitation and foreign follow-on actions

Two recent attempts to hedge limitation risk in follow-on claims by commencing proceedings in the UK High Court and the UK Competition Appeal Tribunal have failed. The Tribunal ruled that a claim, based on foreign law,...more

Important Changes to HEAR Act Preserve New York’s Demand and Refusal Rule (For Now)

The Holocaust Expropriated Art Recovery (HEAR) Act of 2016 has been pending for several monthsnow, and was recently recommended favorably by the Senate Judiciary Committee in September. The bill would create a uniform...more

Belmora Takes Its FLANAX Headache to the U.S. Supreme Court

Well, a lot has happened since we last reported on the District Court’s decision in the FLANAX trademark dispute. As you may recall, the Trademark Trial and Appeal Board granted Bayer’s Petition and cancelled the FLANAX...more

Leaked Playboy Photographs Case Considers How Hyperlinking Can Infringe Copyright

The Court of Justice of the European Union (CJEU) has blurred the lines between primary and secondary copyright infringement in a decision concerning hyperlinks to leaked photos of a Dutch celebrity’s Playboy photoshoot. For...more

Back to basics: enforcing a judgment in Scotland

The aim of a payment action is to recover monies due. Obtaining a positive judgment from the court is just the first step in that process. The party with the benefit of the judgment still needs to enforce the order if payment...more

The Katten Kattwalk - Issue 11

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Please see full Newsletter below for more...more

The Bri-Chem Trilogy: Federal Court Affirms Tribunal

On November 16, 2015, we described important substantive and procedural issues that would be addressed by the Federal Court of Appeal (FCA) in an appeal from a decision of the Canadian International Trade Tribunal (CITT)....more

Discovery of Nonparty Foreign Affiliates Must Be Tempered by Proportionality

The court’s opinion affirms the principle that relevance, even in the context of a foreign affiliate, must always be tempered by considerations of proportionality, thereby providing defendants an effective argument when...more

Foreign request for legal assistance disclosable

The appellant companies successfully sought inspection of a mutual legal assistance request from the U.S. Department of Justice to the National Crime Agency (NCA) to obtain a prohibition order from an English court on the...more

Hague Convention Only Considers One Habitual Residence of a Child

When a child is removed from or retained in a country that is not a child's habitual ­residence a parent can seek to have the child ­returned to their habitual residence country under the Hague Convention on the Civil Aspects...more

Sandbagging in M&A Transactions: Default Rules in Delaware, New York and California

One of the most confusing legal issues facing foreign buyers of U.S. assets is governing law. Especially for Asia-based clients whose legal system is civil law based and uniform throughout the country, the U.S.’s state...more

International Arbitration Newsletter - October 2016

London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The use of arbitration in England is long-standing and a legislative framework recognizing and seeking to encourage the...more

Brexit: Potential Implications for International Arbitration in London

This note discusses the reasons why Brexit is unlikely to adversely impact London’s position as a leading centre for international arbitration. It further sets out some of the areas in which international arbitration in...more

How to Find a Quantum of Solace With Multi-Language eDiscovery

“Where there’s smoke, there’s fire.” These words, spoken by James Bond in From Russia With Love, encapsulate the fears many have in the wake of the UK’s historic vote to Brexit the EU. Amid continued warnings about markets...more

Practical Implications from the Federal Circuit’s Rare en Banc Reversal in Apple v. Samsung

In a precedential opinion issued en banc on Friday, October 7, 2016, the Federal Circuit overturned a panel decision, affirming and reinstating the district court’s judgment and the jury’s verdict. The majority opinion...more

Non-delegable duties of architects and main contractors in construction claims - A case study of MCST Plan No. 3322 v Tiong Aik...

In MCST Plan No. 3322 v Tiong Aik Construction Pte Ltd and Another [2016] SGCA 40, the Singapore Court of Appeal (CA) held that architects and main contractors are not subject to a non-delegable duty in tort to ensure that...more

District Court Judge Assigned in Conflict Minerals Rule Case

How time flies! This month, the litigation relating to the U.S. SEC’s Conflict Minerals Rule enters its fourth year. The litigation has been quiet for the better part of the last year, after the SEC’s petition seeking...more

English High Court affirms recovery of third party funding costs in ICC arbitration proceedings

In our update dated 21 September 2016, we considered the case of Essar Oilfields Services Limited v Norscot Rig Management Pvt Limited, in which the English High Court upheld the decision of the sole arbitrator, Sir Philip...more

[Webinar] Meritas Capability Webinar - Brexit The Constitutional Legal Hurdles to leaving the EU - October 26th, 9:00a.m. CDT /...

Mark will talk about the legal implications which flow from the UK's Referendum on 23 June which decided that the country should leave the European Union....more

Challenging Arbitrators for Alleged 'Conflict of Interest' in US-Based International Arbitrations

A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more

Singapore Ranks #1 in Recent Survey of Expats

A most interesting report showing results of a survey was just released by HSBC. In the Expat Explorer Survey, created to measure which countries are the most enjoyable to expats, HSBC shares results in three categories –...more

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