Supreme Court Closes CAFA Loophole in Standard Fire v. Knowles
Same-Sex Marriage Cases in 90 Seconds
The third batch of subsidiary legislation for the implementation of the new Companies Ordinance was gazetted in May...more
It is not an uncommon practice for commercial lenders or real estate owners to employ a broker to assist with the sale of property for a commission. Recently, a corporation owning a marina in South Florida filed for Chapter...more
In a unanimous opinion written by Justice Thomas, the Supreme Court held that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement action filed by the United States. Horne v....more
Trade secret theft knows no borders in an age of cybertheft and global corporate espionage....more
Over the past decade the Federal Trade Commission has brought cybersecurity enforcement actions against various private companies, imposing tens of millions of dollars in monetary penalties and requiring companies to maintain...more
In This Issue: - Domestic Banking - Domestic General - European Banking - European General - International Banking - International General - Press Releases - Case Law - Excerpt from...more
On 22 May 2013 the Presidium of the Supreme Court of the Russian Federation (the “Supreme Court”) approved an overview of court practice in cases concerning the performance of credit obligations by individuals (the...more
In a case that reverberated throughout Chinese state-owned and private companies, as well as various organs of the Chinese government, in a recent private civil class action case in United States District Court for the...more
The Consumer Financial Protection Bureau (“CFPB”) and the Conference of State Bank Supervisors recently published a road map for coordination of enforcement powers between the CFPB and state regulators (the “Framework”) over...more
New procedural rules to take effect and tribunal fees to be introduced on 29 July 2013. On 3 June, the UK government published "The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013" (the New...more
The Saudi Arabian General Investment Authority (“SAGIA”) has recently issued new rules for companies contemplating investment in the Saudi Arabian market to conduct contracting and construction activities. The new rules will...more
Florida legislation that would have expanded the definition of a “mail order sale” has died in the Florida House Appropriations Committee. The legislation attempted to specifically include “Internet” sales within Florida’s...more
For anyone who grew up in the 1960s, I am sure that you remember the touchstone slogan for Tareyton cigarettes, “I’d rather fight than switch”. ...more
We are pleased to present the 28th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight cases that address cloud-computing contacts as the basis for jurisdiction, clarification...more
On May 21, 2013, the Food and Drug Administration (“FDA”) issued an “It Has Come to Our Attention Letter” to Biosense Technologies Private Limited, the developer of the uChek Urine Analyzer app. The app, available since April...more
Union Electric Co. v. AEGIS Energy Syndicate 1225, 715 F.3d 366 (8th Cir. 2013). Many cases over the last several years have addressed the perceived conflict between the arbitration clause and the service-of-suit...more
On May 20, the U.S. Supreme Court held that Chevron deference applies to an agency’s interpretation of its own statutory jurisdiction. City of Arlington v. FCC, 569 U.S. ___ (May 20, 2013)....more
The US District Court for the Southern District of New York recently held that alleged anticompetitive conduct by Chinese technology manufacturers taking place entirely within China did not create sufficient direct effects on...more
On May 17, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York vacated his earlier “bottom line” summary judgment decision dismissing Dexia NV/SA’s (Dexia) suit against J.P. Morgan...more
The recent decision by the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum Co., 569 U.S. __ (April 17, 2013), appears to have closed the door to future actions under the Alien Tort Statute (ATS) based on conduct...more
The Supreme Court of the United States has allowed federal agencies to interpret ambiguities in their implementing statutes and directed courts to defer to agency expertise when deciding cases. (Who, after all, knows a...more
Synopsis - This article examines the anti-bribery legislation of three countries, the United States, Canada, and the United Kingdom. The legislation of the three countries is compared and virtually all the criminal...more
In Brief - The Foreign Corrupt Practices Act covers a nearly boundless range of business conduct by issuers and their agents in an ever more global world. Yet the contrast in sentences handed down in two recent FCPA...more
[P]ermitting state courts to adjudicate disparagement cases (involving alleged false statements about U.S. patent rights) could result in inconsistent judgments between state and federal courts [but] this possibility of...more
Class certification is the critical factor in many class actions. It occurs when a court authorizes a putative class representative, usually an individual or a small group, to represent a much larger class of people who have...more
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