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US Litigation Today: Still a Threat For European Businesses or Just a Paper Tiger?

The proceedings of the 29th edition of the Journée de droit international privé, the conference devoted to private international law topics organised yearly at the Swiss Institute of Comparative Law, have just been published under the title US Litigation Today: Still a Threat For European Businesses or Just a Paper Tiger?.

The volume, edited by Andrea Bonomi and Krista Nadakavukaren Schefer, discusses the current realities of US litigation for foreign companies. It features contributions by Samuel P. Baumgartner, Andrea Bonomi, Thirza Döbeli, William S. Dodge, Susan Emmenegger, Christoph A. Kern, Matthias Lehmann, Eva Lein, Linda J. Silberman, Symeon C. Symeonides, Karen Topaz Druckman, and Thomas Werlen.

For more information, including the table of contents, see here.

Symposium on “The Extraterritorial State” hosted by the Classical Liberal Institute and Willamette University College of Law

The Classical Liberal Institute and Willamette University College of Law invite you to a a symposium on “The Extraterritorial State.” The symposium will be held this Friday and Saturday, January 25th and 26th, in the Hearings Room of the Oregon Civic Justice Center. The symposium is free and open to faculty, students, and the public. The proceedings of the symposium will be published in a forthcoming issue of the Willamette Law Review. Please feel free to attend the entire event, or whichever panels are of most interest. Please find the complete list of presentation topics and schedule below.

Friday, January 25th

Hearings Room, Oregon Civic Justice Center (790 State Street, Salem, Oregon 97301)

9:30 – 10:00am: Registration (Continental breakfast available)

10:00 – 10:15am: Opening Remarks

10:15 – 11:45am: Session 1

Presentation 1: Bill Dodge, “Reasonableness in the Restatement (Fourth) of Foreign Relations Law”

Presentation 2: Frank Gevurtz, “Extraterritoriality and the Fourth Restatement of Foreign Relations Law: Opportunities Lost”

11:45 – 12:00pm: Break

12:00 – 1:30: Session 2

Presentation 3: Maggie Gardner, “Minding the Empagran Gap”

Presentation 4: John Coyle, “Party Autonomy and the Presumption Against Extraterritoriality”

1:30 – 2:15pm: Lunch in the Oregon Civic Justice Center

2:15 – 3:45pm: Session 3

Presentation 5: Andra Burke Robertson, “Conspiracy, and Accomplice Liability under the FCPA”

Presentation 6: Yanbai Andrea Wang, “Exporting American Discovery”

3:45 – 4:00pm: Break

4:00 – 4:45pm: Session 4

Presentation 7: Richard Epstein, “Citizenship, Alienage and Territoriality”

Saturday, January 26th

Hearings Room, Oregon Civic Justice Center (790 State Street, Salem, Oregon 97301)

9:30 – 10:00am: Registration (Continental breakfast available)

10:00 – 11:30am: Session 5

Presentation 8: Kevin Benish, “Whose Law Governs Your Data?: Worldwide Injunctions, Extraterritorial Effects, And The Struggle To Regulate The Internet”

Presentation 9: Symeon Symeonides, “Injuries to Rights or Personality Through the Use of the Internet: Jurisdiction, Applicable Law, and Recognition of Foreign Judgments”

11:30 – 11:45am: Break

11:45 – 1:15pm: Session 6

Presentation 10: Jim Nafziger, “Extraterritorial Enforcement of Judgments: Rubin v. Islamic Republic of Iran, Foreign Sovereign Immunity, and the Protection of Cultural Property”

Presentation 11: Aaron Simowitz, “Defining Daimler‘s Domain: Consent, Jurisdiction, and Regulation of Terrorism”

1:15 – 2:00pm: Lunch in the Oregon Civic Justice Center

End of conference.

New Publication: Ronald A. Brand, International Business Transactions Fundamentals

Professor Ronald Brand has published the second edition of his book, International Business Transactions Fundamentals, with Kluwer Law International. It is designed primarily for use in a course on International Business Transactions, but is suitable as a desk reference on important basic issues raised on cross-border contractual relationships. Unlike some International Business Transactions casebooks which focus on WTO-related aspects of international trade regulation, this book draws extensively on private international law and the ways in which it can be used to structure cross-border commercial transactions. Coverage includes basic commercial law issues including price-delivery terms and letter of credit financing, dispute resolution issues and how to avoid them by proper planning at the transaction stage, the legal framework for import and export regulations planning, contracting with foreign sovereigns, compliance with anti-corruption legislation, legal relationships created by foreign investment, antitrust regulation and compliance, and a chapter on professional responsibility and the unique legal representation issues raised in cross-border transactions.

The second edition incorporates nearly four decades of work by the author to present the fundamentals of the law of international business transactions organized in a manner designed to help the reader identify risks inherent in cross-border transactions; eliminate risks where possible; reduce risks that cannot be eliminated, and reallocate risks through the use of contractual relationships. It provides an organized progression of materials from the simple export-import transaction to complex international investments, all designed to help the reader understand how to avoid risk in transnational transactions through the use of the legal framework available for providing institutional protection; the purchased protection available for transnational transactions; and the ways in which negotiated protection may be provided to build on institutional and purchased protections

Professors interested in considering the book for adoption in a course may contact Laurien Roos at Laurien.Roos@wolterskluwer.com.