The practice of international business law is fascinating. Whether I'm representing a foreign manufacturer in a major distribution deal in China, an aggrieved investor against a Swiss bank or a defrauded oligarch against a former Soviet republic, the work is never boring. International litigation in particular presents its own interesting host of issues, especially when it … [Read more...]
Corporate Liability Under Kiobel. The Debate Over Universal Jurisdiction.
The SCOTUS blog recently held a symposium on Kiobel v. Royal Dutch Petroleum. Kiobel is one of the most important cases that will be decided by the U.S. Supreme Court in the new term that begins October 1, 2012. Kiobel was filed under the Alien Tort Statute (“ATS”), and alleges that subsidiaries of the corporate defendant planned, conspired and facilitated extrajudicial … [Read more...]
Mexico’s New Class Action Law Poses Litigation Risk for U.S. Companies.
U.S. companies doing business in Mexico face the risk of increased litigation under Mexico’s new class action law. The law, which required an amendment to Mexico’s constitution, will allow consumers to bring class action lawsuits in Mexico for the first time. Under the law, groups of at least 30 people can obtain restitution or compensation of damages, and injunctive relief, … [Read more...]
U.S. Court Rules Foreign Whistle-blowers Not Covered Under Dodd-Frank.
In a decision that is making waves in boardrooms all over the country, a U.S. District Court judge granted the dismissal of a lawsuit filed by a former General Electric Co. executive, who served as a representative for GE Energy in Iraq, under the Dodd-Frank Act. As C.W. Matthews of the Wall Street Journal reports, the court held that the anti-retaliation clauses of the Act’s … [Read more...]
Asset Seizure Wars: The Ecuador Plaintiffs Strike Back at Chevron in Brazil Over $18 Billion Judgment.
One of the things I love about being an international attorney is the potential to effect change at the global level. Whether it’s representing victims of oppressive government regimes, exposing corrupt ministerial officers or hunting down secret Swiss bank accounts for defrauded pensioners, the work can be extremely gratifying. I mention this because of recent developments … [Read more...]
3 Compelling Reasons to Read the International Law Quarterly.
The 2012 issue of the Florida Bar international Law Section’s International Law Quarterly was released today. For nearly three decades, the International Law Quarterly has been recognized as one of the world’s leading journals covering all areas of international law. The current issue, edited by Hogan Lovells partner Alvin Lindsay, builds on this legacy with an extraordinary … [Read more...]
Top 3 Ways to Minimize Costs in International Litigation.
Business litigation can be expensive, dauntingly complex and fraught with procedural hurdles. Overwhelmingly, it’s the cost of litigation that haunts U.S. corporations more than anything. According to a recent survey, less than 40 percent of U.S. corporate counsel are unable to predetermine the costs of managing business disputes. And that’s hardly a surprise. It’s difficult … [Read more...]
Corporate Liability Goes Before U.S Supreme Court. Troubling Paradox May Result.
Several weeks ago, I presented a webinar for the Florida Bar’s International Law Section Webinar Series titled 5 Ways Corporations Can Avoid International Liability. One of the five areas I focused on was corporate liability under the Alien Tort Claims Act (ATCA). It seems the timing could not have been better, as the U.S. Supreme Court is set to hear oral arguments on Tuesday … [Read more...]
In Landmark Decision, UK High Court Permits Service of Process via Facebook.
As an international litigation attorney, one of the biggest challenges I face occurs even before litigation begins, i.e. serving process on a foreign defendant. Whether I proceed under the Hague Convention or letters rogatory, the process can be frustrating even for seasoned practitioners. I mention this because I just read of a fascinating development in the United Kingdom … [Read more...]
Tweet Locally, Get Sued Globally. Twitter and International Jurisdiction.
As the past several years have borne out, the power for Twitter to transform international events is astonishing, as Forbe’s Jeff Bercovivi recently reminded us: "In 2009, Twitter inspired protesters in Moldova to demand political power. In 2010, the microblogging service channeled food, medical supplies and hope to the desperate victims of the earthquake in Haiti. Last year, … [Read more...]