News & Analysis as of

International Litigation

Water Splash Reveals a Glaring Omission in Wisconsin's Service-of-Process Rules, Which Ought To Be Fixed

by Foley & Lardner LLP on

This week's unanimous U.S. Supreme Court decision in Water Splash, Inc. v. Menon, 581 U.S. ___, No. 16-254, points out a glaring omission in Wisconsin’s service-of-process rules that ought to be fixed, so that Wisconsin...more

You've Got Mail: Supreme Court Clarifies Procedures for Service of Process Abroad

by White & Case LLP on

The US Supreme Court has confirmed that US litigation may be commenced against foreign parties by sending documents through the mail, provided that certain conditions are met. In Water Splash, Inc. v. Menon, No. 16-254 (May...more

The Hague Service Convention Does Not Prohibit Service of Process by Mail

The Supreme Court held in Water Splash, Inc. v. Menon, No. 16–254 (May 22, 2017), that the Hague Service Convention allows service of process by mail under Article 10(a), when two conditions are met: first, the receiving...more

Pissarro from Cornelius Gurlitt’s Salzburg Home Returned to Heirs

by Sullivan & Worcester on

News Accompanied by Deafening Silence About Ongoing Restitution Policy Failures The German government announced recently that it had returned an additional work of art found in the Salzburg home of Cornelius Gurlitt in...more

Litigation Trends in the Global Oil and Gas Industry: What You Need To Know

by Hogan Lovells on

Michael Davison is head of the Hogan Lovells Litigation, Arbitration, and Employment Practice Group. For close to 30 years, he has been helping clients avoid disputes. He is currently working from the firm’s London office as...more

Defamation Suit against Buzzfeed Will Proceed in Miami

by Akin Gump - Excubitor on

On May 22, 2017, the U.S. District Court for the Southern District of Florida denied the motion of Buzzfeed, Inc. (“Buzzfeed”) and its editor-in-chief to transfer to New York a defamation lawsuit involving Buzzfeed’s...more

Litigation Funding and Its Implications for US and UK Insurers

by Sedgwick LLP on

Litigation funding is growing rapidly with the emergence of new funds and wealthy individuals willing to back cases in an ever-expanding number of jurisdictions, including in the US and the UK. It is enabling claims to be...more

Reporting From the EDRM-Duke Law 2017 Spring Workshop: eDiscovery Best Practices

by CloudNine on

This blog post is a little longer than most as there is a lot to cover here… This week, EDRM held its first Spring Workshop since it was acquired by Duke Law last August, which means this was the first workshop held at...more

[Webinar] Current Issues in Multijurisdictional Practice; Protecting Confidential and Privileged Information with International...

by Thompson Coburn LLP on

When legal issues with footprints in many jurisdictions need to be resolved, attorneys need a roadmap and a checklist to plan their strategy. This webinar will cover current rules and issues/mishaps, and the consequences for...more

Global Patent Prosecution Newsletter - April 2017

With the implementation of Revisions to the Chinese Patent Examination Guidelines on April 1, 2017, the April 2017 issue of Sterne Kessler's Global Patent Prosecution Newsletter includes information and practical tips for...more

Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients. Last week Google...more

USPTO Director Grants Extension for Missed IPR Appeal to Federal Circuit

The USPTO Director granted a request to extend a missed deadline for an appeal of an IPR decision to the Federal Circuit due to the patent owner’s excusable neglect in Mitsubishi Cable Industr., Ltd. v. Goto Denshi Co., Ltd.,...more

Don’t Be an April Fool: How to Avoid the Hague Hangover

by Blank Rome LLP on

In the latest variation on “April Fool,” the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary will become effective in the U.S. on April 1, 2017. In one of its...more

Termination for convenience: What is the contractor entitled to?

by White & Case LLP on

Construction contracts often include termination for convenience clauses. Three recent cases highlight the potential financial implications of terminating for convenience....more

"The Risks Associated With Worldwide Freezing Orders"

A worldwide freezing order is an injunction granted by the English courts to restrain individuals or businesses from disposing of or dealing with assets on a worldwide basis. The order can be sought before, or...more

DIFC Courts propose specialist Technology and Construction Division

by White & Case LLP on

DIFC Courts seek public consultation for proposed specialist Technology and Construction Division. The DIFC Courts are an important forum for dispute resolution in the Gulf and wider Middle East region. However,...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

Foreign Party Cannot Hide Behind Hague Convention To Avoid Service

by Orrick - NorCal IP Group on

Order Re Service and Motion to Dismiss Re Service, Xilinx, Inc., v. Godo Kaisha IP Bridge 1, Case No. 3:17-cv-00509-JD (Judge James Donato) - It is not uncommon for parties to race to file competing patent suits in their...more

Tips For Non-Disclosure Agreements With Chinese Companies

by Fox Rothschild LLP on

In a previous post on IP Spotlight, I provided a few tips for negotiating non-disclosure agreements. In the post, I noted that a “form” NDA should only be considered a starting point. The parties should modify it as...more

Guelph Treasure Art Restitution Case Media Coverage

by Sullivan & Worcester on

The United States District Court for the District of Columbia has ruled that Germany can be sued for the return of Nazi-looted art and artifacts under the Foreign Sovereign Immunities Act. This is the first time Germany will...more

Nazi-Looting and Forced Sales Support Jurisdiction—Guelph Treasure Ruling Analysis

by Sullivan & Worcester on

The decision on Friday to allow our clients’ claims to proceed against German and the Stiftung Preussischer Kulturbesitz for the restitution of the Guelph Treasure (or Welfenschatz) is ground-breaking in important respects,...more

Hague Securities Convention Takes Effect to Clarify Applicable Law Governing Securities Accounts Held by Intermediaries

by Sullivan & Worcester on

On April 1, 2017, the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary (the "Convention") will take effect in the United States. On December 15, 2016, the United...more

U.S. District Court Issues First of Its Kind Ruling Against Germany Over Renowned Guelph Treasure

by Sullivan & Worcester on

The United States District Court for the District of Columbia has ruled that claims over the famed Guelph Treasure can proceed against Germany in a United States court. This is the first time Germany will have to defend...more

The Hague Securities Convention – IV. What effect does the Hague Securities Convention have on perfection by filing?

The Convention does not affect perfection of a lien by taking physical possession of the securities. However, the Convention may affect perfection of a lien by filing, including the place where the security interest or other...more

The Hague Securities Convention – III. What is required to be a governing law?

Two things are required. First, the choice should be expressly made. If an express choice is not made, there are a series of fallback rules under the Convention, but clearly the far better approach is to make an express...more

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