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Application of Foreign Laws

Littler

Georgia Courts May Not Apply Foreign Law to Restrictive Covenants That Do Not Comply with the Georgia Restrictive Covenants Act

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On September 6, 2023, the Georgia Supreme Court reaffirmed that Georgia courts must first determine whether a restrictive covenant is enforceable under Georgia law before applying a foreign choice-of-law provision....more

Jones Day

Second Circuit—Once Again—Overturns on Comity Grounds Multi-Million Dollar Price-Fixing Judgment

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The U.S. Court of Appeals for the Second Circuit recently issued a decision in In re Vitamin C Antitrust Litigation, reversing a $148 million price-fixing judgment against two Chinese exporters of vitamin C, remanding the...more

Morgan Lewis - Tech & Sourcing

Common Misconceptions on Contracting with Developers in Russia and Tips for Contract Review and Negotiation

There are often misconceptions in connection with negotiating intellectual property (IP) development agreements with developers located in Russia. This post details five common misconceptions and provides tips for complying...more

White & Case LLP

China Establishes New Mechanism to Counteract "Unjustified" Extraterritorial Application of Foreign Measures

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On January 9, 2021, China's Ministry of Commerce (MOFCOM) issued Order No. 1/2021 on the Rules on Counteracting Unjustified Extraterritorial Applications of Foreign Legislation and Other Measures (the "Rules").1 The Rules,...more

Jones Day

China Releases Rules to Address Extra-Territorial Applications of Foreign Laws

Jones Day on

The Development: China's Ministry of Commerce ("MOFCOM") released Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Laws and Other Measures ("Rules") on January 9, 2021. Effective immediately, the...more

Dechert LLP

Potential Criminality Under Foreign Law Not a Bar to Disclosure of Documents in English Civil Proceedings

Dechert LLP on

Bank Mellat v HM Treasury [2019] EWCA Civ 449 - Synopsis - Obligations of confidentiality arising under a foreign legal system do not automatically entitle a party litigating in England to withhold documents from...more

Butler Snow LLP

Foreign Law in Domestic Lawsuits: Whose Interpretation Takes Precedence?

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In the products arena, it is not every day that foreign law becomes relevant to a domestic lawsuit. When it does, however, it can create confusion and uncertainty amongst the litigants and the court. Although Federal Rule of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

US Courts Will Decide Whether to Enforce US$2 Billion Award Against Petróleos de Venezuela - In April 2018, an International Chamber of Commerce (ICC) tribunal awarded US$2.04 billion in damages to two subsidiaries of U.S....more

Kelley Drye & Warren LLP

Courts Must Only Offer “Respectful Consideration” to Foreign Governments’ Statements Interpreting Their Laws in Antitrust Cases

On June 14, 2018, in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the Supreme Court held that Courts are not obliged to accept statements from a foreign government agency on the meaning and effects of...more

Latham & Watkins LLP

SCOTUS: US Courts Not Bound by Foreign Government’s Statement of Its Laws

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The Supreme Court has ruled US federal courts should carefully consider a foreign government’s interpretation of its own domestic laws, but are not required to give it conclusive effect. Key Points - ..The Supreme...more

King & Spalding

U.S. Supreme Court Clarifies Rules Governing Proof of Foreign Law

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International dispute practitioners are well aware of the challenges that arise when the substance of foreign law is disputed in U.S. courts. Most practitioners are aware that the question is governed by Rule 44.1 of the...more

Jones Day

The Cost of Doing Business: Supreme Court Vacates Chinese Defendants' Antitrust Win

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The Situation: In Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the defendants in an anticompetition matter—who were China-based manufacturers of vitamin C—claimed that Chinese law required them to...more

Perkins Coie

In Re Vitamin C: Supreme Court Rules Foreign Government’s Statement of Law Not Binding on Federal Courts

Perkins Coie on

In a 9-0 opinion delivered by Justice Ruth Ginsburg, the United States Supreme Court last week ruled that the federal courts are not “bound to accord conclusive effect” to a foreign government’s statement of its own law under...more

Dechert LLP

Supreme Court Rejects Absolute Deference to Foreign Government’s Interpretation of Own Laws

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In Animal Science Products v. Hebei Welcome Pharmaceutical Co., the Supreme Court of the United States held that foreign governments are not entitled to absolute deference on the construction of their own laws. The Court’s...more

Alston & Bird

Unanimous U.S. Supreme Court Limits Deference to Foreign Government Legal Views

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Rejecting an earlier appellate case that allowed Chinese companies to escape liability in the United States for allegations of price fixing because their government said it was not illegal under Chinese law, the U.S. Supreme...more

Holland & Knight LLP

U.S. Supreme Court Rejects Second Circuit’s Conclusive Reliance on Chinese Interpretation of its Own Law

Holland & Knight LLP on

Is a federal court determining foreign law required to treat as conclusive a submission from a foreign government interpreting its law? The U.S. Supreme Court confronted this question in a case involving price-fixing claims...more

McDermott Will & Emery

Supreme Court Clarifies Principles of International Comity in Vitamin C Ruling

McDermott Will & Emery on

Alert: The Supreme Court clarified the principles of international comity this week in a ruling pertaining to the long-running vitamin C antitrust class action litigation. International comity is the recognition a nation...more

A&O Shearman

Supreme Court: Foreign Government Submissions Are Not Binding on US Courts

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On June 14, Justice Ginsberg, writing for a unanimous U.S. Supreme Court, reversed a 2016 opinion by the Second Circuit and held that a foreign government’s interpretation of its own law is not binding on U.S. courts....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Animal Science Products v. Hebei Welcome Pharmaceuticals

On June 14, 2018, the Supreme Court of the United States decided Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220, holding that a federal court determining foreign law under Fed. R. Civ. P....more

Clark Hill PLC

Texas Legislative Outlook

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It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow....more

McDermott Will & Emery

Ninth Circuit Says Oui to French Copyright-Infringement Award

McDermott Will & Emery on

Addressing whether federal courts may go outside the pleadings when ruling on a motion to dismiss premised on foreign law, the US Court of Appeals for the Ninth Circuit clarified that the content of foreign law is a “question...more

Proskauer Rose LLP

California Federal Court Holds That U.S. Securities Laws Do Not Apply to Unsponsored, Unlisted ADRs

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The U.S. District Court for the Central District of California held on May 20, 2016 that the federal securities laws do not apply to U.S. transactions in unlisted, unsponsored American Depositary Receipts (ADRs) for a foreign...more

Proskauer - Corporate Defense and Disputes

Petrobras Rulings on SLUSA Preemption and Brazilian-Law Damages

In re Petrobras Securities Litigation continues to produce interesting developments – this time on SLUSA preemption and Brazilian law. On March 12, 2016, the U.S. District Court for the Southern District of New York held...more

Proskauer - Corporate Defense and Disputes

U.S. Court Dismisses Foreign Residents’ Foreign-Law Claims Arising from Securities Purchased on U.S. Markets

Much ink has been spilled since the Supreme Court’s 2010 decision in Morrison v. National Australia Bank about the federal securities laws’ applicability to foreign transactions in foreign securities.  But what happens when...more

Zelle  LLP

A Primer on Insurance Dispute Resolution in China

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We previously discussed in a June 10, 2015, guest article the basics of insurance underwriting and claim handling in China. In this article, we give an overview of the legal framework and relevant key issues in insurance...more

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