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Jurisdiction Multinationals

Barnea Jaffa Lande & Co.

Warning, Border Ahead? Expanding Israeli Courts' Jurisdiction over Foreign Defendants

In early June 2021, the Tel Aviv-Yafo District Court handed down an important precedential ruling. The ruling expands the identity of an authorized agent, i.e., the entity to whom a statement of claim may be served and that...more

Morrison & Foerster LLP

The World Is Your Oyster? Supreme Court Confirms UK Jurisdictional Gateway For Parent Company Liability

On 12 February 2021, the Supreme Court handed down judgment in the high profile case of Okpabi v Shell, in which it allowed a jurisdictional appeal relating to group claims brought by claimants against a UK domiciled parent...more

Vinson & Elkins LLP

A Multinational Maze: Navigating Human Rights Regimes Across Multiple Jurisdictions

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Human rights are increasingly the subject of a range of requirements under both “hard” law — such as the mandatory obligations promulgated by governments regarding conflict mineral restrictions, forced labor prohibitions, and...more

Dorsey & Whitney LLP

OFAC Issues Sanctions Guidance and the Concept of Culture Gains Traction (With Chinese Translation)

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On May 2, 2019, the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”)—the U.S. agency tasked with administering and enforcing the U.S.’s economic and trade sanctions programs—published A Framework for...more

Orrick, Herrington & Sutcliffe LLP

New Offshore Economic Substance Rules Could Spell Significant Concern for PE Funds and Bermuda/Cayman/BVI-Based Structures

Traditionally, in the world of international tax planning, it has not been uncommon to see corporate structures utilizing entities organized in offshore jurisdictions that do not impose an income tax on corporate earnings –...more

Hogan Lovells

Vedanta: UK Supreme Court takes the “straitjacket” off claims against parent companies in the English Courts

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On 10 April 2019, the UK Supreme Court handed down its judgment in Vedanta Resources PLC and anor. v Lungowe and others [2019] UKSC 20; a long awaited decision on parent company liability and the jurisdiction of English...more

Orrick, Herrington & Sutcliffe LLP

[Webinar] How Foreign Companies with U.S. Subs Can Win Dismissals from U.S. Litigation: Underused Defenses Based on...

Non-U.S. companies are routinely sued in the U.S. over disputes principally or exclusively involving their U.S. subsidiaries. In many instances, these non-U.S. companies should not even have their cases litigated in U.S....more

Hogan Lovells

Update on the responsibility to respect human rights and parent company liability: what the Court of Appeal’s judgment in Okpabi...

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In the last four months, the Court of Appeal has handed down judgment in two important cases relating to parent company liability and jurisdiction over extra-territorial human rights impacts. ...more

Dechert LLP

Brexit Considerations for Business Contracts

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With just over a year to Brexit, slated for 11.00 p.m. on 29 March 2019, it is time to ensure that your house is in order contractually. By ensuring that your business contracts are in the best possible shape and...more

Bennett Jones LLP

Mining Company Asks Supreme Court to Hear Its Challenge to Allegations of Human Rights Abuses in Eritrea

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Nevsun Resources, a British Columbia mining company, has asked the Supreme Court to hear its appeal from a recent B.C. ruling that would send the human rights claims of a group of Eritrean plaintiffs towards trial....more

Proskauer - New Media & Technology

Canadian Court Asserts Jurisdiction over Craigslist Based on Cloud-Based Virtual Presence in Canada

A Canadian appellate court ruled that a lower court had jurisdictional authority to issue a production order to craigslist based upon its virtual (but not physical) presence in British Columbia. The production order requested...more

Bennett Jones LLP

Craigslist’s “Virtual Presence” Enough for B.C. Court’s Jurisdiction

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Is San Francisco-based Craigslist subject to a third-party production order in criminal proceedings in British Columbia, despite having only a “virtual” presence in the province? The province’s Court of Appeal said yes in a...more

Holland & Knight LLP

High Court Grants Certiorari in Vitamin C Antitrust Litigation

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On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

Hogan Lovells

Forum non-conveniens and access to remedy in transnational business and human rights litigation: an update from Brexit Britain and...

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What is forum non-conveniens? According to the principle of “forum non-conveniens” (or inconvenient forum), a court has the power to dismiss a civil action where an appropriate and more convenient alternative forum exists. ...more

Holland & Knight LLP

Supreme Court Seeks Input of United States in International Price-Fixing Case - Request Could Signal Intent to Review Second...

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The U.S. Supreme Court on June 26, 2017, took the somewhat unusual step of inviting the Acting Solicitor General to express the views of the United States regarding Animal Science Products, Inc. v. Hebei Welcome...more

Hogan Lovells

Countering counterparty insolvency

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These days, the threat of counterparty insolvency looms over the energy sector: whether it is a natural disaster or precipitous decline in the price of oil, perhaps no industry is more susceptible to the financial decline and...more

Latham & Watkins LLP

Another Key Decision on Corporate Separateness – High Court Finds That There is No Arguable Case for Unilever to be Held Liable...

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In a recent decision, the High Court has ruled that Unilever plc (Unilever), the ultimate holding company of the Unilever Group, does not owe a duty of care to protect the employees and residents of a tea plantation owned and...more

Foley Hoag LLP - Security, Privacy and the...

Weltimmo v. Hungarian Data Protection Authority: EU Rules on What It Means To Be “Established” in a Jurisdiction

While the Schrems decision invalidating the US-EU Safe Harbor Program is rightly attracting a great deal of attention (as well as blogging and webinars) – and leaving many wondering what to do in the absence of the US-EU Safe...more

McDermott Will & Emery

Ruling on UK Executive’s Lawsuit Involving U.S.-Based Stock Option Plan

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English executives employed by multinational companies often have a contract of employment with the company’s UK subsidiary, but may also participate in a separate bonus or share option plan that contains foreign (e.g., U.S.)...more

Thomas Fox - Compliance Evangelist

FCPA Compliance and Ethics Report-Episode 167-Mara Senn on the Top 10 Practices in a Cross-Border Investigation

In this episode I visit with noted white collar practitioner Mara Senn who discusses her top 10 best practices when conducting cross-border investigations. ...more

Katten Muchin Rosenman LLP

OECD Publishes Initial Recommendations on BEPS

On September 16, the Organisation of Economic Co-operation and Development (OECD) published a set of recommendations for a coordinated approach to fight tax avoidance by multinational enterprises under the Base Erosion and...more

Skadden, Arps, Slate, Meagher & Flom LLP

"US Supreme Court Further Limits Jurisdictional Reach of the US Courts Over Foreign Torts"

The U.S. Supreme Court began 2014 by issuing a decision limiting the ability of plaintiffs to assert tort claims against foreign corporations in the U.S. courts based on events occurring outside the United States. In Daimler...more

Orrick, Herrington & Sutcliffe LLP

Recent Development on Corporate Liability in U.S. Courts for Conduct Outside the United States

This week the U.S. Supreme Court issued its much-awaited decision in Kiobel v. Royal Dutch Petroleum Co., which addressed the question of whether a federal court may recognize a cause of action under the Alien Tort Statute...more

Bilzin Sumberg

Supreme Court Ruling Limits Extraterritorial Application Of Alien Tort Statute

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U.S. companies with, or that were seeking to acquire, foreign operations often fretted over the possibility that plaintiffs in the foreign jurisdiction would seek to invoke the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350,...more

Littler

The Final Breaths of the Alien Tort Statute

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On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...more

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