Jurisdiction

Corruption in The Energy Sector: Criminal Fines, Civil Judgments, And Lost Arbitrations

by Gordon Kaiser | JAMS, The Resolution Experts on 5/24/2013

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

Patent Watch: Forrester Envtl. Servs., Inc. v. Wheelabrator Techs., Inc.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

[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

U.S. Supreme Court Raises Standards For Class Certification

by Kenneth A. Manning | Phillips Lytle LLP on 5/17/2013

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

"Extension of UK Takeover Code Jurisdiction"

by Michael Hatchard, Scott Hopkins | Skadden, Arps, Slate, Meagher & Flom LLP on 5/16/2013

On 15 May, the U.K. Takeover Panel (the Panel) published its response to a consultation paper proposing to extend the jurisdiction of the U.K. Takeover Code (the Code). The Panel has concluded that the Code’s jurisdiction...more

Alabama DOR Issues Controversial Local Nexus Regulation: Would Dramatically Alter the Rule on Delivery Nexus

by Bruce Ely, Christopher Grissom, Matthew Hinshaw, James Long, William Thistle | Bradley Arant Boult Cummings LLP on 5/14/2013

On April 30, the Alabama Department of Revenue (ADOR) issued a proposed regulation regarding sellers’ obligations to collect and remit sales or use tax to Alabama cities and counties that would radically change the landscape...more

The U.S. Supreme Court Rejects Extraterritorial Lawsuit Against Shell Oil

by Tyler Weidlich | Baker, Donelson, Bearman, Caldwell &... on 5/13/2013

The United States Supreme Court, in Kiobel v. Royal Dutch Petroleum, recently restricted the scope of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), a 224-year-old law often used to invoke jurisdiction in suing...more

Changes to First Nations Consultation in Alberta

by Wally Braul, Kelly Bray, David Macaulay, Shawn Munro, Cassia Prentice | Bennett Jones LLP on 5/13/2013

On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the "Draft Policy"). The Government's deadline for comments on...more

Kiobel: Major U.S. Jurisdictional Limitation For Overseas Actions

by Joseph Brand, Kristen Jarvis Johnson, Barry Reiferson | Patton Boggs LLP on 4/30/2013

Much of the public has never heard of the Alien Tort Statute (“ATS,” 28 U.S.C. § 1350), but this law, dating back to the founding of the country, recently has had enormous implications for multinational corporations and...more

Supreme Court to Consider General Jurisdiction Over Foreign Parent Based on U.S. Subsidiary

by Jason Britt | Foley & Lardner LLP on 4/26/2013

On Monday, April 22, the United States Supreme Court agreed to hear DaimlerChrysler AG v. Bauman, which asks whether a foreign parent corporation can be subject to suit in the United States for wrongs allegedly committed by a...more

Eleventh Circuit Holds Motions to Reopen Removal Proceedings are Subject to Equitable Tolling

by William Flynn | Fowler White Boggs P.A. on 4/26/2013

In its recent decision in Avila-Santoyo v. Holder, — F.3d. —, No. 11-14941 (11th Cir. 2013) (en banc), the Eleventh Circuit overturned precedent holding that the 90-day filing requirement for motions to reopen is subject to...more

U.S. Supreme Court Curbs Extraterritorial Reach of the Alien Tort Statute

by Gary J. Mennitt, Debra D. O'Gorman, Michael H. Park | Dechert LLP on 4/25/2013

Last week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., No. 10-1491 pertaining to the reach of the Alien Tort Statute (“ATS”). This decision states that the ATS does not apply to conduct...more

Product Liability Update - April 2013

by Foley Hoag LLP on 4/23/2013

In This Issue: - United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with...more

Competition Bureau Imposes Record-Setting Bid-Rigging Fines, but Jurisdictional Questions Remain

by Peter Franklyn, Michelle Lally, Graham Reynolds | Osler, Hoskin & Harcourt LLP on 4/23/2013

In cases heard barely two weeks apart, Canada’s Competition Bureau obtained record-setting fines against two Japanese auto parts suppliers that pleaded guilty to bid-rigging charges. Although these significant penalties...more

Orrick's Financial Industry Week in Review - April 22, 2013

by Orrick, Herrington & Sutcliffe LLP on 4/22/2013

Second Circuit Rejects Edge Act Jurisdiction in AIG RMBS Case - On April 19, the Second Circuit ruled that a lawsuit brought by American International Group (AIG) against several Bank of America entities involving...more

Recent Development on Corporate Liability in U.S. Courts for Conduct Outside the United States

by Bob Loeb, James Stengel, Laurie Strauch Weiss | Orrick, Herrington & Sutcliffe LLP on 4/22/2013

This week the U.S. Supreme Court issued its much-awaited decision in Kiobel v. Royal Dutch Petroleum Co., which addressed the question of whether a federal court may recognize a cause of action under the Alien Tort Statute...more

Supreme Court Ruling Limits Extraterritorial Application Of Alien Tort Statute

by Joseph Mamounas, Rafael R. Ribeiro, Marty Steinberg | Bilzin Sumberg Baena Price & Axelrod LLP on 4/22/2013

U.S. companies with, or that were seeking to acquire, foreign operations often fretted over the possibility that plaintiffs in the foreign jurisdiction would seek to invoke the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350,...more

The Final Breaths of the Alien Tort Statute

by Philip Berkowitz, Michael G. Congiu, John Kloosterman, Morgan Julia Matson, Eric A. Savage | Littler on 4/22/2013

On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...more

Staying Ahead Of The Game - Marco Martins And Patrick Colegrave, Of Harney Westwood & Riegels, Explain How Cayman Is Adapting To...

by Patrick Colegrave, Marco Martins | Harney Westwood & Riegels on 4/16/2013

2013 is lining up to be a pivotal and successful year for both the Cayman Islands and the global hedge fund industry. Many of the developments which started in the last decade, ranging from worldwide regulatory and financial...more

California Environmental Law and Policy Update - April 11, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 4/16/2013

Environmental and Policy Focus - ..Court rules CEQA streamlining provision unconstitutional: CourtHouse News - Apr 3 - A section of a California law aimed at streamlining construction projects by moving...more

Recent Superior Court Decision Highlights Perils of Post-Trial Practice in Pennsylvania

by Katrin Rowan, Carl Solano | Schnader Harrison Segal & Lewis LLP on 4/15/2013

The Superior Court’s recent decision in Vietri v. Delaware Valley High School, No. 648 EDA 012 (March 22, 2013), brings into sharp focus the intricacies of Pennsylvania post-trial practice and the need to proceed cautiously...more

Supreme Court Rejects Class Plaintiff’s Attempt To Avoid Federal Court By Stipulation Damages Will Be Less Than $5,000,000

by Benjamin Blume, Gary Klinger | Cozen O'Connor on 4/11/2013

In Standard Fire Ins. Co. v. Knowles, the U.S. Supreme Court held that a class-action plaintiff may not avoid the effect of the federal Class Action Fairness Act (CAFA) by “stipulating” he will not seek damages in excess of...more

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