"I mean, this case is Australian plaintiff, Australian defendant, shares purchased in Australia. It has 'Australia' written all over it." -- Justice Ginsburg, March 29, 2010 Following up on yesterday's pre-game analysis of oral argument in Morrison v. … [Read more...]
U.S. Supreme Court to Decide Whether Foreign Plaintiffs Can Use American Courts to File International Securities Class Actions.
F-Cubed Securities Class Actions Put to the Test Today the Supreme Court will hear argument in Morrison v. National Bank of Australia. The case centers on so called “F-Cubed” securities class actions. As Ashby Jones, of the Wall Street Journal Law Blog explains “the term “F-Cubed” refers to securities class action cases that are largely … [Read more...]
An Open Letter to the Hague Evidence Convention: Thanks for Nothing. I'll Stick with the Federal Rules.
Dear Hague Evidence Convention: This letter pains me. In the past several weeks I’ve written several posts extolling the virtues of your convention siblings governing serving process abroad and legalizing documents for use overseas-- the Hague Service Convention and the Hague Legalization Convention. These two conventions have worked very well to simplify and streamline … [Read more...]
How to Authenticate Documents for Use Abroad Under the Hague Legalization Convention
I recently represented an overseas client who sued a U.S. party based on a transaction that took place overseas. The transaction centered on several key affidavits, powers of attorney and attestations that we would need to use in U.S. litigation. Traditionally, for such documents to be made admissible in U.S. courts, the documents must have been … [Read more...]
7 Steps to Effectuate International Service of Process under the Hague Service Convention.
Given the international focus of my practice, I regularly serve process on parties located in foreign jurisdictions. Most of the time it's straightforward because many of the countries I deal with are signatories to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague … [Read more...]
Ecuador Class Action Plaintiffs Strike Back at Chevron's Cynical Game of Musical Jurisdictions
The arc of the moral universe is long but it bends toward justice — Martin Luther King, Jr. The seventeen-year war between Ecuador’s 30,000 class plaintiffs against oil giant Chevron continues its global odyssey, as the oil giant pulls out every trick in the book to avoid an impending $27 Billion judgment against it in Ecuador for contaminating an immense … [Read more...]
Another Win for Anti-Suit Injunctions and the Integrity of Arbitral Awards
Only 2 weeks into 2010 and I’m seeing a lot of positive movement on the street. The international markets are roaring back to life. Deal makers are picking up the phone again. And lawyers are being hired to put these deals together. Based on this snapshot view, I expect to see international transactions skyrocket as investor confidence and flexible credit terms … [Read more...]
Why the European Union Should Allow Class Action Lawsuits
American innovation spawned the personal computer, the internet and the Ipod. All radically changed the way the world accessed information. Under a proposed EU Directive, another American innovation—the class action lawsuit—may radically change the way EU consumers' access justice. Under the proposal presented by the EU Commission, consumers who suffer … [Read more...]
Did you Mean "Liable?" French Court Rules Against Google in Copyright Infringement Case
If there’s one thing to know in international business, it’s not to flaunt the laws of a sovereign nation, no matter how large your market capitalization or how benign your corporate objective to “do no evil.” Of course, this fundamental precept is often viewed as mere suggestion rather than sound business judgment. In light of a recent … [Read more...]
Hong Kong to Remain International Arbitration Hub in Asia
On a recent trip to Hong Kong, I noted several newly built skyscrapers filling up the remaining voids of the city’s skyline. From my perspective sitting in the Felix restaurant, perched atop a high rise on the other side of Victoria Harbor, it was easy to see how global economic and financial activity had shifted from west to east, especially to markets connected to … [Read more...]