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Proskauer Rose LLP has just announced the release of its new E-Guide: “Proskauer on International Litigation and Arbitration: Managing, Resolving and Avoiding Cross-Border Business and Regulatory Disputes.” It is a welcome compendium of information for all sorts of practitioners – both litigation-centered and transactional – and brings together a wide array of topics under the […]
A divided panel of the Second Circuit held last week that federal common law, and not Brazilian law, would be applied to a contract for the shipment of goods, notwithstanding the fact that the contract was negotiated, executed, and performed in Brazil, by a Brazilian company and a corporation that regularly conducts business in Brazil, […]
A recent decision by the United States Court of Appeals for the Third Circuit raises a very simple, but still very fragmented, issue regarding U.S. jurisdictional doctrine: When does a claim “arise out of” a foreign defendant’s contacts with the forum so as to justify the assertion of specific jurisdiction over him. In O’Connor v. […]
While the long-term practical effect of Sinochem on the American doctrine of forum non conveniens remains to be seen, the Federal Courts of Appeals are beginning to shape the landscape in the first six months since the Court’s decision. The most significant forum non conveniens decision since Sinochem was recently handed-down by the Seventh Circuit. […]
Continuing the trend of interesting private international cases coming out of the patent and copyright fields (see previous posts
Here’s a quick roundup of significant caselaw from the U.S. Court of Appeals and Supreme Court relating to private international law issues. Two interesting actions relating to judgment enforcement have come down from the Ninth and D.C. Circuits. The latest salvo in Ministry of Defense for the Armed Froces of the Islamic Rep. of Iran […]
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The U.S. Supreme Court decided an important dispute involving the jurisdictional rules that apply in U.S. federal courts. In Sinochem Int'l Co., Ltd. v. Malaysia International Shipping Corp., No. 06-102, Justice Ginsburg, writing for a unanimous court, held that "a district court has discretion to respond at once to a defendant’s forum non conveniens plea, and […]
The U.S. Court of Appeals for the Federal Circuit recently held that a U.S. district court did not possess subject matter jurisdiction over the alleged infringement of a foreign patent. The case of