Jurisdiction

News & Analysis as of

English High Court considers co-existence provisions under German and English law

In two recent IP decisions in the English High Court, the interpretation of a settlement agreement and a co-existence agreement have been carefully considered. In DKH Retail and Others v SRG Apparel Plc and Others, English...more

Class Dismissed . . . But not Quite: Supreme Court to Review Appealability of Class Certification Denials When Plaintiffs...

Does a federal court have jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice? That is the question the Supreme Court will consider in...more

CFTC Proposes to Allow Private Lawsuits for Transactions in RTOs and ISOs

The proposal could create uncertainty for market participants and raise jurisdictional questions about which regulator should police power markets....more

Jurisdiction Cannot Be Cured Retroactively If Plaintiff Lacked Substantial Rights to Patent When Suit Was Filed

In Diamond Coating Tech. v. Hyundai Motor, [2015-1844, 2015-1861] (May 17, 2016), the Federal Circuit affirmed the dismissal of a patent infringement action for lack of standing. The Federal Circuit agreed that Diamond...more

Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia: Permanent Court of Arbitration Tribunal Publishes...

The Permanent Court of Arbitration (“PCA”) has just released the full award of the Tribunal in Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia, which was rendered in late 2015. We previously published...more

Labor Board Will Decide Organizing Rights of Non-Teaching Employees at Religious Colleges, Universities

The National Labor Relations Board is set to decide if the same test used to determine whether teaching employees of a religious school are subject to the Board’s jurisdiction should be extended to non-teaching employees....more

Launching a Hedge Fund in 2016: An Overview for US Managers

Despite a challenging environment for the hedge fund industry, many institutional investors continue to allocate to hedge funds in a market environment otherwise devoid of promising investment opportunities. While the hedge...more

Supreme Court Decides Foster v. Chatman

On May 23, 2016, the United States Supreme Court decided Foster v. Chatman, No. 14-8349, holding that it was clearly erroneous for a state habeas court to decide that a criminal defendant failed to show purposeful...more

First Round of DTSA Complaints Alleging Misappropriation Activity Both Before and After DTSA’s Enactment: Will They Stick?

Following President Obama’s signing of the federal Defend Trade Secrets Act (“DTSA” or the “Act”) into law last week, parties are beginning to file lawsuits asserting claims under the DTSA. As widely reported, before the...more

New York Enforcement Update

New York has long been a critical enforcement venue for parties holding unsatisfied arbitral awards and/or judgments. New York is the financial capital of the United States, and that reality, coupled with the state’s expert...more

Brexit - Flexit Clauses

There has been plenty of commentary about how the Brexit debate is impacting corporate, commercial, finance and real estate transactions. In the media there have been reports of “market jitters” surrounding the possibility of...more

Joint Employer Standard Causing Jurisdictional Headaches

Ever since the National Labor Relations Board (NLRB) blew open the joint employer concept last year in Browning-Ferris, it has been a rocky road for all involved to understand the implications of this new standard. The latest...more

Effect Of Non-Exclusive English Jurisdiction Clause And Forum Non Conveniens Waiver On Application To Stay English Proceedings

Where a contract contains a non-exclusive English jurisdiction clause as well as a forum non conveniens waiver, a stay may nevertheless be granted if there are very strong or exceptional grounds, which were unforeseen and...more

Brexit: Implications for Commercial Contracts

Brexit, and the possibility of a Britain which is no longer part of the EU, raise many implications for commercial contracts. Like other supervening events, it is unlikely that Brexit was contemplated by the parties when...more

Merger Control In The EU: The European Commission Extends Jurisdiction Over Transactions Involving Chinese SOEs

Speed read - The European Commission took into account the revenues of all Chinese SOEs active in the energy industry to establish jurisdiction for merger control of a transaction....more

A Day of Reckoning for the CFPB?

Virtually ever since its inception on July 21, 2011, the Consumer Financial Protection Bureau (CFPB) has inspired wariness and skepticism in the financial institutions and financial services providers, subject to this new...more

The Defend Trade Secrets Act of 2016: Implications for business, employers and employees

On April 27, 2016, Congress passed the Defend Trade Secrets Act (DTSA), which President Obama promises to sign soon. This proposed legislation, which is designed to be an expansion of the Economic Espionage Act of 1996, would...more

Court orders, conspiracies and the long arm of the English courts

Overseas banks beware as the tort of unlawful means conspiracy could open up new ways of punishing those who aid defendants aiming to evade freezing orders....more

Hague Court Finds Arbitration Panel Has No Jurisdiction Against Russia Pursuant to Unratified Treaty

The District Court of the Hague overturned a record $50 billion in damages awards issued by the Permanent Court of Arbitration (“PCA”), to the former controlling shareholders of the Yukos Oil Company on the grounds that...more

Georgia Supreme Court Expands as its Jurisdiction Contracts

Somewhat obscured by the social-issue hubbub during the recently ended session of the Georgia General Assembly was the enactment of an historic expansion of the Georgia Supreme Court and a reallocation of not only its...more

Still Bigger in Texas: Federal Circuit Maintains Patent Venue Rules in In re: TC Heartland LLC

On April 29, 2016, the U.S. Court of Appeals for the Federal Circuit issued an Order denying TC Heartland LLC’s petition for a writ of mandamus, affirming the scope of venue in patent cases, and declaring that “[t]he...more

Louisiana Appellate Court Unanimously Dismisses Cross-Appeals in Legacy Case

Louisiana appellate court unanimously dismisses cross-appeals in legacy case, finding that the trial court improperly designated partial summary judgment rulings as final under Article 1915 of the Louisiana Code of Civil...more

Plaintiffs Find California Courts Congenial To Section 11 Actions

Muttering About Mottoes - The official motto of the State of California is “Eureka”. Cal. Gov’t Code § 420.5. The word is a transliteration of the Greek word e????a which is first person, singular, indicative active...more

The Class Action Chronicle - Spring 2016

This is the 11th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

COA Confirms That Any Appeals in Suits Designated Complex Business Cases After October 1, 2014 Must Go to the NC Supreme Court, or...

Today the Court of Appeals issued a decision addressing Session Law 2014-102, the 2014 Business Court Modernization Act, which requires that appeals in matters that are designated as mandatory complex business cases go...more

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