News & Analysis as of

International Treaties

U.S. Supreme Court Forecloses the Liability of Foreign Corporations Under the Alien Tort Statute

by Littler on

On April 24, 2018, in a 5-4 decision, the U.S. Supreme Court held that foreign corporations cannot be sued in the United States under the Alien Tort Statute, 28 U.S.C. § 1350 ("ATS"). ...more

United States Supreme Court Holds that Foreign Corporations May Not Be Held Liable Under the Alien Tort Statute

In Jesner v. Arab Bank, PLC, 584 U.S. ___, 2018 WL 1914663 (U.S. Apr. 24, 2018) (Kennedy, J.), the Supreme Court of the United States held that foreign corporations may not be sued under the Alien Tort Statute (“ATS”), 28...more

US Supreme Court Bars Actions Against Foreign Corporations for Alleged Human Rights Violations

by White & Case LLP on

On Tuesday, the United States Supreme Court ruled that plaintiffs cannot sue foreign corporations for claims brought under the Alien Tort Statute ("ATS"). Part of the Judiciary Act of 1789, the ATS provides federal courts...more

Foreign corporations cannot be sued under the Alien Tort Statute – Jesner v Arab Bank: the verdict

by Hogan Lovells on

The Supreme Court of the United States (SCOTUS) has ruled in the case of Jesner v Arab Bank. On a 5:4 majority, the court ruled that foreign corporations are excluded from the scope of the Alien Tort Statute (ATS). ...more

SCOTUS Rules United States May Pursue Its Interstate Water Compact Claims in Texas v. New Mexico and Colorado

by K&L Gates LLP on

On February 12, 2018, we issued an alert analyzing two interstate water compact disputes before the United States Supreme Court: Texas v. New Mexico and Colorado and Florida v. Georgia. On March 5, the Court ruled that the...more

Supreme Court Decides Texas v. New Mexico

by Faegre Baker Daniels on

On March 5, 2018, the Supreme Court of the United States decided Texas v. New Mexico, No. 141 Orig., holding that the United States may pursue the Rio Grande Compact claims it has pleaded as an intervenor in a water rights...more

The Broad Institute has a Patent Revoked by the EPO on Technical Grounds

The CRISPR/Cas9 landscape continues to evolve around the world. On January 17, 2019, the EPO’s Opposition Division revoked Broad’s patent EP2771468 on the grounds it lacked novelty. The revocation will not be take effect...more

WTO Appellate Body Report: Indonesia – Import Licensing Regimes

by White & Case LLP on

...The WTO Appellate Body has ruled that certain import licensing measures maintained by Indonesia constitute impermissible import restrictions under Article XI:1 of the General Agreement on Tariffs and Trade (GATT) 1994....more

A binding treaty on business and human rights? Still a way to go.

by Hogan Lovells on

Last week (23-27 October 2017), the third round of negotiations on a binding international treaty on business and human rights concluded.  In this post we consider what (if any) progress has been made and what the sticking...more

4 Key Takeaways: The Hague Agreement & Design Filings – Things You Need to Know & Do

Kilpatrick Townsend partner Babak Kusha, along with a panel of other thought leaders, recently presented a Knowledge Group webinar on the topic of “The Hague Agreement and Design Filings.” The Hague Agreement is an...more

Saving grace

by McAfee & Taft on

One of the benefits of a patent under the U.S. system is, for a limited time, the patent owner gets the exclusive right to manufacture, use and sell the invention. The public policy behind this is to create an incentive for...more

Don’t Get Berned – An Important Limitation on Enforcement of Foreign Copyrights Under U.S. Law

by Dorsey & Whitney LLP on

Since March 1, 1989, the United States has been a member of an international copyright treaty named the Berne Convention (formally called the “International Union for the Protection of Literary and Artistic Works”). This...more

Patent Prosecution Highway Agreements (PPH) in Colombia

by Dentons on

The Patent Prosecution Highway (PPH) is enshrined in bilateral and multilateral treaties which allow patent applicants to accelerate the patentability examination in industrial property offices of the member countries. All...more

Brexit: The Great Repeal Bill

by Shearman & Sterling LLP on

On 13 July 2017, the UK government published the European Union (Withdrawal) Bill, known as the “Great Repeal Bill.” This major piece of constitutional legislation sets out the government’s proposals for transforming existing...more

Nations Press for International Restrictions to Govern Genetic Sequence Data

by WilmerHale on

A clash over access to and use of genetic sequence data (GSD) is currently brewing on several international fronts. To date, GSD has been routinely deposited in open-source databases such as GenBank of the National Center for...more

The opportunity and promise of decommissioning

by White & Case LLP on

The UK's oil and gas decommissioning regime has long been seen to be in the front-line of petroleum developments and operations around the world, and much has been said about the resulting decommissioning liabilities and...more

Brexit update: the Article 50 Challenge, the Great Repeal Bill and Issues around Timing

by White & Case LLP on

Given the current Article 50 challenge before the UK Supreme Court, there is uncertainty as to whether the UK government will be able to retain its original Brexit timeline of March 2017. The Supreme Court's judgment is...more

The Traveling Chair

by Garvey Schubert Barer on

Over the past six months, as Chair of the American Bar Association, Section of International Law, I’ve traveled to destinations from Washington, D.C., Chicago, San Francisco and Ottawa to Istanbul, Rome, Tokyo, London,...more

New Tax Information Exchange Agreement Between the United States and Argentina

The governments of Argentina and the United States signed on December 23rd, 2016, a new tax information exchange agreement (“TIEA”). Jack Lew, U.S. Treasury Secretary, stated that the TIEA will allow for important...more

Canadian Trademarks Office Begins to Issue Nice Classification Notices

by Smart & Biggar on

As we reported previously, Canadian trademark law will be significantly changed to adhere to several international treaties. Although the timing of the changes is uncertain, it appears that the changes are likely to come...more

The Table Flip: Trump, the Iran Nuclear Deal, and American Business

- A President Trump will have authority to reinstate sanctions lifted by the Iran Nuclear Deal as well as revoke certain authorizations provided for business with Iran. - Several economic and geopolitical factors may...more

197 Nations Agree to Limit Hydrofluorocarbon Emissions

On October 15, 2016 in Kigali, Rwanda the majority of the world’s developed and developing countries executed a binding agreement to reduce emissions of hydrofluorocarbons (HFCs), a greenhouse gas that is emitted by air...more

Canada Announces Proposed Changes to Arms Export Controls to Comply with Arms Trade Treaty

by Bennett Jones LLP on

On June 30, 2016, the Government of Canada announced plans to modify Canada’s export control system to comply with the Arms Trade Treaty (ATT). The proposed changes include new regulations on arms brokering, a formalization...more

Brexit: Tax Implications

by Morrison & Foerster LLP on

The majority has spoken: on Friday 24 June, it was announced that the UK had voted to leave the European Union (the “EU”). The full implications of this decision are largely unknown, given that the UK is navigating...more

Brexit: What Now?

The United Kingdom has voted to leave the European Union. The vote is not legally binding but Prime Minister David Cameron has already acknowledged that the will of the people must be followed. We consider the key preliminary...more

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