Recognition of Foreign Judgments in the United States (VIDEO)
Bermuda is a financial centre that is determined to grow, diversify, and improve upon the range and quality of the financial and professional services that it offers to its international clients.
This goal is supported...more
Foreign issuer IPOs have been increasing recently as foreign issuer activity continues to improve since a marked decline in 2011 and 2012. This decline resulted in part from market volatility in the aftermath of the financial...more
The U.S. Court of Appeals for the Second Circuit has ruled that the Dodd-Frank Act does not protect whistleblowers outside the United States.
In Liu Meng Lin v. Siemens AG, Case No. 13-4385-cv (2nd Cir. August 14,...more
English Court of Appeal Confirms Extra-Territorial Reach of Contempt Proceedings Against Foreign Company Directors: Dar Al Arkan Real Estate Development Co. and Another v. Al Refai and Others  EWCA (Civ.) 715, ...more
In general, a REIT is a special purpose entity for U.S. federal income tax purposes that requires at least 75 percent of the value of the entity’s gross assets to consist of real estate assets, cash, cash items, and...more
When a corporation sends an officer to a conference in California, is the corporation present in California? A corporation can only act through its officers. Thus, it might be said that the corporation is present wherever...more
In recent travels to Central America, it’s been interesting to see the number of American companies operating and distributing in the region. So in a recent telephone conference with other antitrust practitioners, I was...more
Every year, thousands of judgments from foreign courts are brought to U.S. federal and state courts for recognition and enforcement. Thanks to the sharply rising tide of transnational litigation, more and more U.S. and...more
The Hong Kong Court of First Instance confirmed in its recent decision in Wong Ming Bun v Wang Ming Fan  1 HKLRD 1108 that in any claim by way of derivative action on behalf of a company incorporated in the British...more
Earlier this year, the International Swaps and Derivatives Association Inc. (ISDA) published the 2014 Credit Derivatives Definitions (the 2014 Definitions). The 2014 Definitions introduce a new government bail-in Credit Event...more
Entering into security financing transactions with BVI Business Companies (BCs) is a familiar part of the global financial services landscape given the use and presences of BCs. The ease of use of BCs in these types of...more
For municipal bond investors and insurers, recent events in Puerto Rico have become a major concern. Puerto Rico has tried to address its mounting debt crisis by enacting legislation that would create, in effect, a...more
1 Issues Arising When a Company is in Financial Difficulties -
1.1 How does a creditor take security over assets in Bermuda?
Bermuda is a self-governing British Overseas Territory. The systems of law...more
After protracted and expensive litigation overseas, you obtain a judgment against the defendant. There remains one series of hurdles left to cross: the defendant refuses to pay that judgment and has no assets in the country...more
The international caseload of the English commercial court is enormous. A survey of 705 commercial court judgments handed down in the past five years showed that about 62% of the litigants involved were based outside England...more
White collar criminal investigations take time. Corruption investigations are no different.
Everyone expected UK Bribery enforcement to quickly increase and cause complex headaches for companies operating in the global...more
In Actavis Group HF v. Eli Lilly & Co. the UK High Court has granted a declaration of non-infringement in the UK, France, Italy and Spain. A jurisdictional challenge in relation to the French, Italian and Spanish...more
Sun-Times Media Group, Inc. v. Black,  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
On May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit issued a highly anticipated decision construing the scope of the term “instrumentality” under the Foreign Corrupt Practices Act (“FCPA”). See U.S. v....more
In this guide Harneys considers the scope of a party’s duties with respect to the discovery of documents in Cayman Islands litigation.
"Discovery", the process by which documents that are relevant to the issues raised...more
In a series of recent decisions, the U.S. Supreme Court has sought to restrict plaintiffs’ ability to apply U.S. law to, and to bring claims in the U.S. courts based on, extraterritorial conduct. In Morrison v. National...more
On May 6, 2014, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a putative securities class action brought by purchasers of foreign issued-securities on a foreign exchange. City of Pontiac...more
Phillip Kite of Harneys looks at the subject of injunctions generally with a particular emphasis on recent case law on freezing orders -
The British Virgin Islands is an idyllic collection of islands in the Caribbean....more
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
Should a Canadian court exercise its jurisdiction to hear a class action lawsuit against Air Canada for improperly collecting U.S. travel taxes on ticket purchases in Canada and on air travel in Canada?...more
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