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Civil Remedies International Trade

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

“Ambiguity” Is Not a Basis to Deny a Petition to Enforce a Foreign Arbitration Award

The drive in the Second Circuit to clarify the rules regarding confirmation and enforcement of various types of arbitration awards continues. The latest addition is the decision in BSH Hausgerate GmbH v. Kamhi, 17 Civ. 5776,...more

Defence + Indemnity: February 2018 - I. Insurance Issues A.

by Field Law on

I. INSURANCE ISSUES - A. An Ontario plaintiff was held to be able to look to his OPCF 44R insurer to pay his damages in excess of a liability cap in the U.S. state where the accident occurred up to the OPCF 44R limits but...more

Seasick Trademarks Walking the Plank? Don’t Let Yeezy Make You Queasy

by Knobbe Martens on

Successful brands from the United States, and particularly those branded by U.S. celebrities, are often received with similar enthusiasm in other parts of the world. Recently, YEEZY shoes designed by Kanye West made their...more

District Court Awarded Ultrasound Device Maker Verasonics $5.6 Million And World-Wide Injunction In Trade Secret Case

by Knobbe Martens on

The United States District Court of Western District of Washington entered a judgment in a trade secret case, Verasonics, Inc. v. Alpinion Medical Systems Co., Ltd. (Case No. 2:14-cv-01820-JCC). The district court confirmed...more

Your Arbitration Is Not Yet Filed, But Attachment in Aid of That Arbitration May Be Available

The courts undoubtedly have the power to grant provisional remedies in aid of a pending arbitration – including temporary restraining orders, preliminary injunctions, and attachments. As a recent Fifth Circuit decision...more

Supreme Court Decides Rubin v. Islamic Republic of Iran, No. 16-534

by Faegre Baker Daniels on

On June 19, 2107 the U.S. Supreme Court decided Rubin v. Islamic Republic of Iran, holding that the Foreign Sovereign Immunities Act allows some but not all of the property of a state sponsor of terrorism to be attached to...more

Institutions Beware - recent decisions indicate that aiding and abetting theory of liability may assume more importance under the...

Financial institutions have been increasingly subjected to actions seeking to hold them responsible for acts of international terrorism under Section 2333 of the Anti-Terrorism Act (ATA). However, recent decisions from the US...more

Tennessee Company Skirts Customs Obligations, Pays $500,000 FCA Penalty

by Bass, Berry & Sims PLC on

This Post at a Glance - - Company made false statements related to import duty charges - Investigation initiated by whistleblower complaint from company’s competitor - Trump Administration likely to impose...more

Increase in UK Employment Compensation Limits

by Dechert LLP on

The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2018, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

How Corporations Can Stay Vigilant Against Online Banking Fraud – Lessons from Recent Court Judgments

by Morgan Lewis on

Due to the general flexibility granted to banks by their standard account opening terms, corporate victims of online banking frauds often face substantial hurdles in court in their attempts to recover the sums lost from the...more

The Google vs. Equustek Decision: What comes next?

by Field Law on

The internet is borderless, right? So how does one country balance the rights of internet users within its own borders? And can a Canadian court reach across an international border to control the online conduct of an...more

Danger in the Korean Peninsula: Ambush marketing and the Olympic Games

by Smart & Biggar on

For a few weeks every two years, the Summer and Winter Olympic Games offer brand owners and advertisers the opportunity to reach billions of people in hundreds of countries. The Summer Games in Rio 2016 reached a television...more

Recent Antitrust Settlements Are Providing New Recovery Opportunities, But Filing Claims Is Proving To Be Complicated

First there was Libor. Next came credit default swaps and foreign exchange. Now, highlighted by the over $2 billion settlement reached in the Foreign Exchange Antitrust Litigation, plaintiffs are pursuing a number of...more

Restructuring and Insolvency Bulletin Issue 3 - January 2018: Long Arm Jurisdiction? Foreign Counsel May Not Be Sanctioned Absent...

by Dechert LLP on

The Bankruptcy Court for the Southern District of New York recently held that a foreign counsel cannot be sanctioned for an attempt to assist its client in avoiding discovery orders issued by the court, when personal...more

The Paris Court of Appeal Weighs In On International Public Policy

by White & Case LLP on

On 16 January 2018, the Paris Court of Appeal reaffirmed its greater control over international arbitral awards by setting aside an ICC arbitral award in MK Group v. Onix on international public policy grounds because of a...more

The Guide to Damages in International Arbitration: Introduction

by WilmerHale on

There are three types of arbitrators: those who understand numbers and those who don’t. This old joke, adapted to the international arbitration community and repeated at conferences, typically receives nervous laughter...more

Exelco’s US Chapter 11 Case Dismissed in Favor of Belgian Proceeding

by Dechert LLP on

The Delaware Bankruptcy Court recently dismissed a Chapter 11 bankruptcy case pending before it and recognized, under Chapter 15 of the Bankruptcy Code, the debtor’s bankruptcy proceeding in Belgium. Exelco NV (“Exelco”), a...more

Interview of Jean-Michel Ferat, FCPA Expert, Senior Director, Ankura Consulting

by Michael Volkov on

Jean-Michel Ferat, a leading FCPA Forensic Accountant, and Senior Managing Director at Ankura Consulting, joins Michael Volkov, in Episode 21 of the Podcast, Corruption Crime & Compliance. Jean-Michel Ferat is a leading...more

Why Brexit Could Limit Damages in Procurement Challenges

by Bryan Cave on

A recent public procurement decision of the European Free Trade Association (EFTA) Court highlights the possibility that aggrieved suppliers in public procurement cases in the UK run the risk of losing their future rights to...more

'Time at large' argument unsuccessful where contract contains broad extension of time clause

by White & Case LLP on

In the case of Severfield (UK) Ltd v Duro Felguera UK Ltd (No. 2) [2017] EWHC 3066 (TCC), the Technology and Construction Court (TCC) in England and Wales declined to find ‘time at large' under a construction contract where...more

SEC Issues $4.1 Million Award to Overseas Whistleblower

On December 5, 2017, the SEC announced a whistleblower award of more than $4.1 million to an overseas former company insider. The SEC declined to disclose the identity of the whistleblower or the company at issue...more

Business Litigation Report - November 2017

The Un-Crisis Crisis Law and Strategy Group - No Two Situations Are Alike—That’s the Challenge “How fast can you get to…” “Let’s see. I just got back from London. We’ll be there tomorrow.” As our founder John Quinn...more

Workplace Whistleblowing Trend goes International: Ireland's Protected Disclosure Act 2014

by Fisher Phillips on

Fisher Phillips attorneys had the pleasure and privilege of presenting with Colleen Cleary, Esquire, a solicitor from Ireland, at an International Employers Forum event in Washington D.C. She kindly accepted our invitation to...more

Something’s Rotten in Düsseldorf—Max Stern Exhibition Cancelled in Response to Restitution Claim

by Sullivan & Worcester on

As Germany puts on the much-anticipated exhibition in Bonn of Cornelius Gurlitt’s disputed collection, a strange story has developed not too far away in Düsseldorf. The Stadtmuseum, which is administered by the city itself,...more

The Islamic finance industry can breathe a sigh of relief, at least for the time being

by DLA Piper on

On 17 November 2017, Mr Justice Leggatt handed down a judgment in the High Court of London that had been eagerly awaited by the global sukuk market and the rest of the Islamic finance industry....more

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