News & Analysis as of


Border Wars – Queens versus Nassau

by Farrell Fritz, P.C. on

With all the talk about a border wall between the United States and Mexico, we were amused to come across a proposed law that is pending in both the Assembly and Senate of the New York State Legislature to establish a Nassau...more

Connecting the dots

by DLA Piper on

On 7 March 2018, the Court of Justice of the European Union (CJEU) issued its judgment in Flightright and others. The judgment deals with three separate preliminary rulings and, in doing so, answers three jurisdictional...more

Seventh Circuit Considers Diversity Jurisdiction in Trust Dispute

by Foley & Lardner LLP on

In Doermer v. Oxford Fin’l Group, Ltd., No. 17-1659 (7th Cir. Mar. 7, 2018), the Seventh Circuit had before it an example of what Chief Judge Diane Wood called a “depressingly common” type of litigation: “[f]amily disputes...more

The End of the "Deemed Liability" Adjudication in Western Australia

by Jones Day on

The Problem: The Construction Contracts Act 2004 (WA) contains a number of provisions that are to be implied into construction contracts that are silent as to those matters. These implied terms have been a steady source of...more

Eastern District Of Missouri Denies Plaintiff’s Motion To Reconsider Personal Jurisdiction Ruling

by Husch Blackwell LLP on

The United States District Court for the Eastern District of Missouri recently denied an asbestos plaintiff’s motion for reconsideration of the court’s previous grant of defendants’ motion to dismiss for lack of personal...more

Which Came First: Subject Matter Or Personal Jurisdiction?

by Husch Blackwell LLP on

Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson and Jinright v. Johnson & Johnson, the court considered whether subject matter...more

This Time, It’s Personal: TCPA Personal Jurisdiction Ruling Severely Limits Nationwide Class Actions

by Benesch on

It is no secret that there are certain jurisdictions that plaintiffs’ class action attorneys prefer to file suit, most notably, Chicago, Los Angeles, Miami and New York, to name a few. While plaintiffs’ lawyers may have...more

Personal Jurisdiction And LLCs – Does Citizenship Matter?

by Husch Blackwell LLP on

When deciding whether to remove a case when an LLC is a party it is necessary to look at the citizenship of the LLC’s members to determine whether there is diversity for subject matter jurisdiction. However, citizenship of...more

Federal Judge Adopts CFTC Position That Cryptocurrencies Are Commodities

• A New York federal judge held that virtual currencies are commodities within the meaning of the Commodity Exchange Act. • This marks the first court decision to assess and to adopt the CFTC’s position that virtual...more

Federal Court Sends Colorado's Case Against Online Lending Platform Back to State Court

Colorado's ongoing challenge to the bank partnership model of online lending will next play out, at least in part, in state court. Last year, the Administrator of Colorado's Uniform Consumer Credit Code filed suits in...more

How a constitutional amendment is transforming litigation in Mexico

by Hogan Lovells on

In 2017, Mexico’s congress approved a key amendment to its Federal Commercial Code. The amendment is now driving dramatic changes to the country’s trial process. One of those changes — a shift from written to oral proceedings...more

A Primer on the SHIELD Act: New York’s Move to Adopt More Stringent Data Security Requirements, Part II

What would companies need to do to comply with the law? The Stop Hacks and Improve Electronic Data Security (SHIELD) Act imposes requirements in two areas: cybersecurity and data breach notification. The cybersecurity...more

“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

Wyoming Enacts Trailblazing Blockchain and Cryptocurrency Legislation

by Wilson Elser on

During the week of March 5, 2018, Wyoming passed comprehensive legislation crafted to convince blockchain and cryptocurrency businesses to locate within its borders and avail themselves of what many consider favorable...more

Corporate Social Responsibility Compliance in 2018, and Beyond – An Overview for In-House Legal Counsel

by Ropes & Gray LLP on

After years of looming on the fringes, 2018 is likely to go down as the year that corporate social responsibility compliance became a core responsibility of in-house legal departments....more

Can You Hear Me Now? Tenth Circuit Rejects Coverage for Telephone Consumer Protection Act Claims

A recent Tenth Circuit decision undercut policyholder arguments that Telephone Consumer Protection Act (TCPA) claims are insurable under a standard CGL policy. Policyholders should take note of this decision but should not...more

Coupon Settlements: Discount or Discontent?

Congress passed the Class Action Fairness Act of 2005 (“CAFA”) with the hope of preventing abuse in class action lawsuits. CAFA assigns jurisdiction to federal courts over class actions where: (i) the aggregate amount in...more

Australia: Adjudicators’ Security of Payment Determinations Not Reviewable for Errors of Law

by Jones Day on

The Situation: The High Court of Australia has, for the first time, confirmed that determinations by adjudicators appointed under security of payment legislation are not reviewable for errors of law alone. The Result: The...more

A Primer on the SHIELD Act: New York’s Move to Adopt More Stringent Data Security Requirements

In November 2017, New York Attorney General Eric Schneiderman introduced the Stop Hacks and Improve Electronic Data Security (SHIELD) Act (the “Act”) in the state’s Legislature. Companies – big and small – that collect...more

The Court of Justice of the European Union finds the arbitration provision in The Netherlands-Slovakia BIT incompatible with EU...

by Allen & Overy LLP on

On 6 March 2018, the Court of Justice of the European Union (the Court) delivered its judgment in Case C-284/16, Slovakia Republic v Achmea B.V., declaring that the investor-State arbitration provision in the bilateral...more

Supreme Court says Congress can stop lawsuit that threatens Tribes casino

by Hogan Lovells on

The Supreme Court, in a 6-3 decision last Tuesday affirmed the judgment of the United States Court of Appeals for the District of Columbia in Patchak v. Zinke, holding that Congress through the Gun Lake Act, which reaffirms...more

State Asset Protection Trusts Take Another Hit

by Charles (Chuck) Rubin on

Numerous states have statutes that allow for the creation of self-settled discretionary trusts that are protected from claims of the settlor while allowing the settlor to be a discretionary beneficiary. Such trusts are likely...more

Federal court rules virtual currency is commodity regulated by CFTC

by Ballard Spahr LLP on

A decision this week from a New York federal district court ruling that the U.S. Commodity Futures Trading Commission (CFTC) had jurisdiction to regulate a cryptocurrency business represents the first opinion from a federal...more

Virtual Currency Is a Commodity Regulated by the CFTC, Eastern District of New York Rules

by Ballard Spahr LLP on

A federal court this week found that the U.S. Commodity Futures Trading Commission (CFTC) had jurisdiction to regulate a cryptocurrency business, raising the possibility of jurisdictional tension among the CFTC and other...more

Federal Judge Rules Virtual Currencies Are Commodities Under the Commodity Exchange Act

On March 6, 2018, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York ruled that virtual currencies are commodities under the Commodity Exchange Act (CEA) and therefore subject to the...more

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