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November 08, 2019 | New York Law Journal

It's A Small World After All: The Second Circuit Broadens Discovery in Aid of Foreign Proceedings

The Second Circuit changed course from dicta in an earlier decision and now joins the Eleventh Circuit in allowing U.S. courts to compel extraterritorial discovery in support of foreign proceedings.
8 minute read
October 25, 2019 | New York Law Journal

Supreme Court Asked To Revisit 'Morrison' in Light of Dodd-Frank

A case that began as an SEC enforcement action against an Internet advertising company has now reached the Supreme Court's calendar for a potential re-examination of its landmark decision in 'Morrison v. National Australia Bank'. In her International Criminal Law and Enforcement column, Vera M. Kachnowski unpacks the case and issues before the Court.
7 minute read
September 11, 2019 | New Jersey Law Journal

Are Owners Entitled to Damages for Extraterritorial Infringement of Their US Patents?

A look at the gray area of infringement of US patents in the US, but with related consequences or actions outside the US, and whether those consequences can form a basis for damages under US patent law.
7 minute read
August 29, 2019 | The Legal Intelligencer

How to Move and Bank Cannabis Cash in the US and Beyond

Spanning 34 states and generating $10.8 billion domestically in 2018, banking and cash management is one of legalized marijuana's greatest obstacles.
9 minute read
July 19, 2019 | New York Law Journal

Fugitives Who Never Fled: Recent Decisions Disallow Challenges to Indictments From Afar

In their International Criminal Law and Enforcement column, Vera M. Kachnowski and Peter J. Sluka discuss the dilemma faced by defendants living abroad at the time of their indictment, who must choose either to appear in the United States to mount a defense or remain abroad with the pending charges affecting their reputation, business, and ability to travel internationally. This dilemma is particularly acute for defendants who, based upon a lack of nexus to the United States, might have a compelling challenge to their charges. Recently, some defendants have tried to raise those extraterritoriality challenges from abroad, but they have faced a roadblock: Although they never fled from the United States, their “fugitive” status prevents them from accessing the courts.
7 minute read
June 10, 2019 | New York Law Journal

Corporate Restructuring and Bankruptcy

In this Special Report: "Something to Remember: The Flexibility of Chapter 11 in Retail Situations," "The Curious Case of Extraterritoriality and Fraudulent Transfer Under the Bankruptcy Code," "Buyers vs. Tenants in a Bankruptcy Sale: A Tension Between §§363(f) and 365(h)," "The Bankruptcy Times They Are Changing: Real Estate Developers Beware" and "Do the 'Shoes' Really Fit? Navigating the Attorney-Client Privilege and Work Product Doctrine in Chapter 11 Bankruptcy."
2 minute read
June 07, 2019 | New York Law Journal

The Curious Case of Extraterritoriality and Fraudulent Transfer Under the Bankruptcy Code

Courts are divided on the issue of whether the fraudulent transfer recovery provision applies extraterritorially.
9 minute read
June 04, 2019 | Legaltech News

Facebook Should Track Down and Delete Duplicates of Illegal Posts Worldwide, Says EU Court Adviser

Facebook criticized the decision, saying it undermines freedom of speech and raises questions of extraterritoriality.
3 minute read
June 03, 2019 | New York Law Journal

Update on New York State's Medical Indemnity Fund

Since authors Thomas Moore and Matthew Gaier last discussed the New York State Medical Indemnity Fund in this column in April 2016, the legislation has undergone significant amendments and judicial interpretation. Those developments are the subject of this article.
14 minute read
May 17, 2019 | New York Law Journal

The Long-Arm of U.S. Law? Recent Cases Suggest Renewed Trend Towards Expansive Assertions of U.S. Law's Foreign Reach

Recent decisions from the U.S. Courts of Appeals for the Second and Ninth Circuits have shown a willingness to allow claims based on conduct occurring outside the United States to survive dismissal at the pleading state.
11 minute read

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