News & Analysis as of

Foreign Jurisdictions

Blockchain for Business

by Jones Day on

As the interest in blockchain technology grows, companies will be confronted with numerous decisions, challenges, and legal issues pertaining to its adoption. Relevant matters include the overall design and control of...more

US Court of Appeals Overturns LIBOR Convictions Based on Derivative Use of Compelled Testimony Lawfully Obtained in UK

by Dechert LLP on

In a decision with significant implications for cross-border criminal and regulatory investigations in both the UK and U.S., a panel of the U.S. Court of Appeals for the Second Circuit recently overturned two convictions for...more

Case Note: Allen and Conti

by WilmerHale on

This case, from the U.S. Federal Appeals Court, considers the applicability of the Fifth Amendment’s privilege against self-incrimination in relation to testimony compelled by a foreign government, on the present facts the...more

Second Circuit: Fifth Amendment Bars Testimony Compelled by Foreign Governments

by Latham & Watkins LLP on

The court vacates LIBOR convictions with significant implications for US criminal cases involving cross-border investigations. Key Points: ..The Fifth Amendment also limits the use a defendant’s statements compelled by...more

A Constitutional Check on Cross-Border Enforcement Tactics: Takeaways from the Second Circuit’s Decision in United States v. Allen

by King & Spalding on

Today’s global investigations frequently involve the cooperation of many government agencies in multiple countries. On July 18, 2017, the U.S. Court of Appeals for the Second Circuit handed down a decision creating a major...more

Enforcement of Russian Judgement: OJSC Bank of Moscow v. Chernyakov & Ors [2016 EWHC 2583]

by Bryan Cave on

When the notorious Willy Sutton was asked why he robbed banks, he is said to have replied: “because that is where the money is.” In the same way, after obtaining a judgment against a defendant, a successful claimant has to...more

United States v. Allen and the Taint of Compelled Testimony in Cross-Border Enforcement Actions

In a decision likely to cause global reverberations in the realm of cross-border enforcement, the US Court of Appeals for the Second Circuit has vacated the convictions and indictment in the first US criminal appeal related...more

Hong Kong court appoints receivers to preserve assets in aid of arbitral proceedings in China

by Hogan Lovells on

The Hong Kong High Court has appointed receivers over shares in a Hong Kong company as an interim measure to preserve the status quo and the value of the shares, pending the outcome of CIETAC arbitration proceedings in...more

Managing International Investigations: European Conceptions of Attorney-Client Privilege and Their Effect on International...

Update on 5/12: Jones Day’s complaint has been thrown out by a court in Munich. That decision reinforces the importance of examining how attorney-client privilege is construed in different foreign jurisdictions. On March...more

Removing the limits - a new class of real estate investment vehicle

by Hogan Lovells on

UK limited partnerships have been go-to investment vehicles for United Kingdom real estate for many years. Their attraction lies principally in their tax transparency, contractual flexibility and the limited liability...more

Australian Court Approves Use of U.S. 28 USC § 1782

by Jones Day on

For the first time, the Federal Court of Australia has allowed the applicants in an Australian proceeding to make applications for orders under 28 USC § 1782. In Lavecky v Visa Inc [2017] FCA 454 ("Lavecky"), the applicants...more

Top Four Trends From INSOL Sydney 2017

by Kobre & Kim on

On the heels of the recent INSOL Quadrennial Congress, which took place in Sydney, Australia, Kobre & Kim’s global bankruptcy and debtor-creditor disputes team joined colleagues from around the world to discuss developing...more

Singapore, Delaware, and New York Courts Adopt Cross-Border Insolvency Cooperation Guidelines

by Jones Day on

The Action: Courts in Singapore and the states of New York and Delaware have formally implemented Guidelines for Communication and Cooperation between Courts in Cross-border Insolvency Matters....more

Tech Rally – Industry Giants Back Google's Play to Protect Data

by Bracewell LLP on

On March 10, 2017, Google Inc. filed its objection to a Pennsylvania magistrate judge's order to comply with search warrants and turn over personal user data partially stored on foreign servers abroad. A number of technology...more

Court Of Appeals Affirms Dismissal Of “Shadow Insurance” Lawsuits

by Carlton Fields on

In a summary order, the United States Court of Appeals for the Second Circuit has affirmed the dismissal of two “shadow insurance” putative class action lawsuits against Axa Equitable Life Insurance and Metropolitan Life...more

US: Proposed "Border Adjustment Tax” could kill foreign IP holding companies

by Hogan Lovells on

With President Trump in the White House and a Republican majority in both the House and Senate, tax reform is once again high on the agenda. Several weeks ago, President Trump promised “a tax reform bill that will reduce our...more

Risky Business: B.C. Court of Appeal Lets Action About Foreign Operations Proceed in Canada

On January 26, 2017, the B.C. Court of Appeal’s (Court) decision in Garcia v. Tahoe Resources Inc. (Garcia) challenged the premise that claims will be dealt with where they occur. The decision will be a factor in future cases...more

Financial Services Quarterly Report - Fourth Quarter 2016: UAE and Saudi Arabia Overhaul Fund Distribution Rules

by Dechert LLP on

Financial services regulators in the United Arab Emirates (UAE) and the Kingdom of Saudi Arabia (KSA) have recently made – independently of each other – extensive changes to the rules governing the regulation and distribution...more

Commercial Division Refuses to Disturb Judgment Based On “Newly Discovered” Evidence That Was Available in Russian Public Records...

What is the ability of a litigant in the Commercial Division to use evidence located in the public records outside of the United States to re-open a New York court judgment? On December 7, 2016, in Alexander Gliklad v....more

FAQ About California’s New Law on Venue and Choice of Law in Employment Agreements

We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a...more

FAQ About California's New Law on Venue and Choice of Law in Employment Agreements

We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a...more

Defending parallel proceedings: key considerations and best practices

by DLA Piper on

Parallel proceedings refer to two or more concurrent investigations or litigations arising out of a common set of facts. These proceedings can involve any combination of criminal, civil, or administrative authorities, as well...more

New California Limits on Choice-of-Law and Venue Provisions in Employment Contracts, Including Arbitration Agreements, with...

by Perkins Coie on

Recently, Governor Jerry Brown signed S.B. 1241, which addresses choice-of-law and venue provisions in employment contracts that are entered into, modified or extended on or after January 1, 2017. Under the bill, the...more

California prohibits employee agreements providing for out-of-state venue or law

by Dentons on

Effective January 1, 2017, employers doing business in California can no longer require, in an employment contract or offer letter, that a California employee bring an employment dispute outside California or have a dispute...more

Ninth Circuit Rules Trader Joe’s May Pursue Infringement Claim Against Infringing Activity in Canada

The Ninth Circuit recently became the latest appeals court to address the extraterritorial reach of the Lanham Act, holding that a U.S. trademark holder can pursue a Lanham Act claim in the U.S. against infringing activity...more

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Cybersecurity

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