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Corporate Social Responsibility and the Law Alien Tort Case Developments: Fourth and Eleventh Circuits Apply Kiobel’s “Touch and...

In the last month, two federal appellate courts have issued decisions in cases filed against U.S.-based corporations pursuant to the Alien Tort Statute (“ATS”). Both courts applied the “touch and concern” standard established...more

Antitrust Update: Second Circuit Adopts Rule Making it Easier to Find Liability for Foreign Anticompetitive Conduct

On June 4, 2014, the Second Circuit issued its decision in Lotes Co., Ltd. v. Hon Hai Precision Industry Co., an important ruling on the reach of the U.S. antitrust laws to foreign conduct. The Foreign Trade Antitrust...more

Cooper v. Meridian Yachts – Complex International Maritime Case

In this complex international admiralty case, a sea captain sustained an injury as a result of a defective food lift on a ship. The ship owner, manager, and employer brought third-party claims against the ship designer and...more

Vicarious Liability of Motor Vehicle Lessors in Canada

The equipment finance industry breathed a sigh of relief when Federal legislation was enacted in 2005 preempting state laws imposing vicarious liability on lessors of motor vehicles. That relief may have been premature if the...more

SDNY Applies Kiobel II and Holds Corporations May Be Liable under the Alien Tort Statute

In a mid-April decision in the In re: South African Apartheid Litigation, the Southern District of New York (“SDNY”) has tackled one of the most pressing legal questions left unanswered by the Supreme Court last year in...more

Texas Court of Appeals Has Put Some FCPA Internal Investigations in an Awkward Spot

Given that this case was decided last summer, I can’t quite put the headline in the present tense. I’m slow to the draw on it, but I think it’s important. Last July, in Writt v. Shell Oil Co., 409 S.W.3d 59 (Tex. Ct. App....more

Foreign Companies Dragged into U.S. Courts Get Reprieve as U.S. Supreme Court Clarifies Limits on General Jurisdiction

In Daimler AG v. Bauman, 571 U. S. ____ (Jan. 14, 2014), the U.S. Supreme Court reiterated that general or “all-purpose” jurisdiction can be exercised over foreign corporations only “when their affilia­tions with the State...more

Yaiguaje v. Chevron: Blurring the Lines between Parents and Subsidiaries in Ontario

A recent ruling by Ontario’s highest court clarifying the law governing the enforcement of foreign judgments may turn Canada’s most populous province into an attractive forum for plaintiffs seeking to collect on judgments...more

United States Supreme Court Holds That Non-U.S. Corporations Are Subject to General Personal Jurisdiction in U.S. States Only in...

In Daimler AG v. Bauman, No. 11-965, 2014 U.S. LEXIS 644 (U.S. Jan. 14, 2014) (Ginsburg, J.), the Supreme Court of the United States held that a court may not exercise general personal jurisdiction over a non-U.S. corporation...more

Supreme Court Limits Reach Of General Jurisdiction

Last week’s decision by the U.S. Supreme Court in Daimler AG v. Bauman clarified the law on general jurisdiction and should bring some comfort to foreign parent companies whose ownership of a subsidiary in the United States...more

US Supreme Court Significantly Limits Where Foreign Companies May Be Sued in US Courts For Claims Unrelated To Their Activities In...

The United States Supreme Court earlier this month issued a major ruling that will significantly limit where corporations may be sued for claims that do not relate to business they may do in a particular place in the U.S. In...more

World in US Courts Special Edition: January 2014 - New US Supreme Court Decision Limits Suits Against Non-US Corporations

In prior reports, we have covered significant US court decisions addressing personal jurisdiction—the question whether, even if it is clear that certain claims may be raised in a US litigation, a particular individual or...more

Further Cause for Alarm for Canadian Corporations with Foreign Operations

We last wrote in July 2013 about Choc v Hudbay Minerals Inc., 2013 ONSC 1414, a decision which seemed to signal an increased willingness by an Ontario court to assume jurisdiction in a case of alleged wrongdoing by a foreign...more

Daimler AG v. Bauman: The US Supreme Court Significantly Limits Where Companies May Be Sued for Claims Unrelated to Their...

The US Supreme Court last week issued a major ruling that will significantly limit where corporations may be sued for claims that do not relate to business they may do in a particular place. In Daimler A.G. v. Bauman, the...more

Supreme Court Limits Reach of General Jurisdiction for Corporations

The Supreme Court’s decision in Daimler AG v. Bauman (Jan. 14, 2014), dealing with the topic of “general jurisdiction,” significantly limits a plaintiff’s options as to where to bring a lawsuit. ...more

"US Supreme Court Further Limits Jurisdictional Reach of the US Courts Over Foreign Torts"

The U.S. Supreme Court began 2014 by issuing a decision limiting the ability of plaintiffs to assert tort claims against foreign corporations in the U.S. courts based on events occurring outside the United States. In Daimler...more

Give Me Your Tired, Your Poor, Your Huddled Masses ... But Not Your Plaintiffs: Supreme Court Decision Limits General Personal...

It is no secret that U.S. courts are among the most favorable to plaintiffs, especially with regard to damages awards. For this reason, there has been a growing trend of foreign plaintiffs bringing law-suits in the U.S. even...more

Daimler AG v. Bauman: Court Again Rejects a “Sprawling View of General Jurisdiction”

On January 14, 2014, the U.S. Supreme Court in Daimler AG v. Bauman held that Argentinian plaintiffs could not sue a German car manufacturer in California for human rights violations allegedly committed in Argentina. The...more

Daimler AG v. Bauman: In Latest ATS Decision, the Supreme Court Limits Jurisdiction of U.S. Courts over Multinational Corporations

A sweeping decision by the Supreme Court on January 14 has further restricted the circumstances under which plaintiffs may sue multinational corporations in U.S. courts for harms occurring outside the United States....more

Daimler AG v. Bauman: The Supreme Court Clarifies General (or “All-Purpose”) Personal Jurisdiction Over Corporations, Both Foreign...

On January 14, 2014, the United States Supreme Court decided Daimler AG v. Bauman, which considered whether a corporation domiciled abroad can be subject to general personal jurisdiction in a U.S. court based on the...more

The ‘September 11' attacks and aggregation – more than one event

In the UK decision of Aioi Nissay Dowa Insurance Company Ltd v Heraldglen Ltd [2013] EWHC 154 (Comm), it was held that the ‘September 11' terrorist attacks on the twin towers of the World Trade Center were two separate events...more

Canada’s Supreme Court Reshapes Consumer Class Actions and Clarifies the Test for Certification Across Canada

Yesterday, the Supreme Court of Canada released a trilogy of long-awaited class certification rulings that realigned the ground rules for the certification of consumer class actions in Canada, particularly in cases involving...more

In Sourcing and Licensing Agreements Governed by New York Law, Think Twice About a Gross Negligence Carve-out to a Limitation on...

Limitations on liability and disclaimers of damages for breach of contract claims are commonplace in outsourcing, licensing and procurement agreements. These provisions can create contentious negotiations as the parties seek...more

ATS Case Developments Post-Kiobel: Interpreting the “Touch and Concern” Standard

The past few months have seen a few interesting developments in cases in which Alien Tort Statute (“ATS”) claims factor prominently. This judicial activity, much of which focuses on the significance of the presumption against...more

United Kingdom: Minerals Matter - Summer 2013

Summer is finally here and with it comes the latest edition of Minerals Matters. In this edition we have covered a wider range of topics than ever before reflecting the breadth of expertise held within the DLA Piper Mining...more

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