Toxic Torts › International Law & Trade

Personal Jurisdiction by Way of Agency: What Is Required?

For jurisdictional purposes, when should a foreign parent company be “held for the acts” of a resident subsidiary acting on its behalf? On March 4, 2013, Los Angeles Superior Court Judge Lee S. Edmon analyzed this issue...more

Some clarification regarding challenges to REACH candidate listing

In a series of recent judgments the EU General Court has given some guidance to companies considering challenging the inclusion of their substances in the REACH Candidate List. In summary, it is now clear that the listing of...more

Financial Transaction Tax: European Implementation and American Imitation?

Momentum is building to reform the U.S. tax system and address the nation’s fiscal challenges. However, options to raise revenue to reduce the deficit and offset a potential decrease in corporate and individual tax rates are...more

Navigating Mass Torts and Product Liability (MTPL) Litigation in the U.S. Legal System: Litigation Challenges for Japanese MTPL...

In This Presentation: • Challenges of U.S. Courts • Specialized and Aggressive Plaintiff’s Bar and Contingency Fees • Jury Trials • Pretrial Discovery • Personal Jurisdiction • U.S.-Based Subsidiaries •...more

GAO reports on CPSC’s challenges in addressing product safety

The United States (US) Government Accountability Office (GAO) reported on the Consumer Product Safety Commission’s (CPSC) authority and ability to stay generally informed about new risks associated with consumer products and...more

Compliance Update: Toys & children's products, Q1 2012

A summary of the latest global proposals, enactments, amendments, and enforcements applicable to toys and children's products, including apparel, food contact articles, and jewelry. Includes updates on chemicals of high...more

The Chevron Ecuador Saga Continues as Second Circuit Overturns Anti-Enforcement Injunction

In the latest U.S. chapter of the long and hard-fought battle over claims of pollution and adverse health effects from oil development in the Ecuadorian rain forest by Texaco (acquired by Chevron in 2001), a potentially...more

IRS and Treasury Publish New Rules Regarding Payments of Synthetic Dividends

On January 23, 2012, the IRS and the Treasury Department published temporary and proposed regulations under Section 871(m) of the Internal Revenue Code. The regulations implement the tax and withholding regime applicable...more

Ecuador Granted Section 1782 Discovery Over Chevron’s Objection

In re Republic of Ecuador and Dr. Diego Garcia Carrion’s Application Under 28 U.S.C. Sec. 1782, 2:11-mc-00052 (GSA) (E.D. Cal. 2011), is an application the Ecuador among others to take the testimony in the U.S. of...more

Ecuador Appellate Court Affirms Judgment Against Chevron

We have posted several times on the U.S. aspects of the international dispute between Chevron and the plaintiffs from Ecuador suing for environmental contamination. We have followed the Southern District’s decision granting...more

Chevron Ecuador Litigation

2nd Circuit Order Vacating Preliminary Injunction

On September 19, 2011, a federal appeals court reversed Southern District Judge Lewis Kaplan's preliminary injunction blocking worldwide enforcement of an $18 billion environmental judgment in Ecuador. In its ruling, a...more

Republic of Ecuador v. Chevron Corporation

Order on Republic of Ecuador's Motion to Stay of Arbitration

Although the Second Circuit affirmed the decision below, the Court found against Chevron on several key factual issues that undermine the company's defenses both in Ecuador and potentially in various enforcement courts where...more

Bay Area Estate Tax Attorney's Tips for Noncitizens and Nonresidents

To many, Bay Area real estate seems like a bargain right now. Prices are still some of the lowest in years, and foreign nationals, among others, are paying cash -- sometimes millions of dollars in cash -- for property in San...more

US Courts Order Discovery for Use Overseas in Chevron-Ecuador Disputes

Context: The Chevron-Ecuador Litigation A high profile and complex dispute involving a group of Ecuadorian residents, Chevron Corporation and the Republic of Ecuador is forcing courts and the media to focus on an arcane...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

Winston & Strawn's Greater China Law Update

Winston & Strawn's Greater China Law Update is a bi-monthly publication covering relevant legal, financial, and economic topics that affect the Chinese and Hong Kong marketplaces....more

Illinois Intentional Tort Litigation and Personal Injury Attorneys

Intentional torts are not a widely understood area of the law for laymen because most of tort law centers around issues of negligence and strict liability. In an intentional tort, the defendant is accused of purposeful...more

Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging Over Pro Se Canadian Corporate Defendants? Case Comment...

Following the 2003 Supreme Court of Canada decision in Beals v. Saldanha, where jurisdiction simpliciter is otherwise established, the only available defences to a domestic defendant seeking to have a Canadian court refuse...more

Planning the Funeral at the Birth: Extended Producer Responsibility in the European Union and the United States - 30 Harvard...

This article takes a comparative look at how the world's two largest economies are diverging in their approaches to regulating hazardous products and packaging, with major ramifications for manufacturing, waste management and...more

The Epidemiology of Asbestos-Related Diseases in Quebec

Information about asbestos exposure occurring in Quebec and the diseases associated with it, including asbestosis, mesothelioma, and lung cancer. The report also contains general information about what is asbestos, the...more

European Communities: Measures Affecting Asbestos and Asbestos-Containing Products

Excerpts from the World Trade Organization's report concerning asbestos regulations in various countries. The excerpted report details Canada's resistance to tougher regulation of asbestos and denial of a conclusive link...more

OIL'S NOT WELL IN LATIN AMERICA: CURING THE SHORTCOMINGS OF THE CURRENT INTERNATIONAL ENVIRONMENTAL LAW REGIME IN DEALING WITH...

Although international environmental law has made some inroads in identifying global environmental problems, it has mostly proved ineffective at adequately addressing them. The absence of a governing body to monitor and...more