The American Lawyer
Nobody cried for Argentina on Monday as the U.S. Supreme Court considered that nation's assertion that it should be shielded from the search for assets to pay off creditors in the wake of its 2001 default.
As the plaintiffs prepare to respond to TEPCO's motion, I'd like to draw attention to one issue that TEPCO hasn't raised: choice of law.
After a federal appellate court all but instructed her to dismiss the case, Southern District Judge Shira Scheindlin has kept alive a lawsuit accusing Ford, IBM and other companies of abusing human rights by doing business with South Africa's apartheid regime.
Manhattan U.S. District Judge Shira Scheindlin ruled that South African apartheid victims can seek compensation from three Fortune 100 companies under the Alien Tort Statute, directly contradicting a Second Circuit ruling in another ATS case.
A final version of UCITS V was adopted by the European Parliament during a plenary vote on 15 April 2014, following almost two years of negotiations. It revises and aligns the UCITS regime with that under AIFMD.
With two Chinese companies facing a $157 million price-fixing verdict, the Chinese government is reasserting its position that the litigation should never have gotten off the ground because the defendants were acting at its behest.
One year from the ruling, it is difficult to imagine a better use of the Alien Tort Statute than to offer some measure of justice to Abu Ghraib torture survivors—who suffered as a result of one of the most shameful episodes in recent U.S. history.
As electronic discovery issues permeate all kinds and sizes of litigation and arbitration, there are a minimum of four questions counsel should, and judicial officers might, consider in determining whether use of an e-discovery neutral is necessary and appropriate.
James Drake, a barrister and examiner in London, and David Spears, a partner at Spears & Imes, write: A lawyer in legal proceedings in the United States can readily compel the production of evidence in England for use in U.S. proceedings, including both documents and sworn testimony. However, in keeping with the fact that the English rules governing civil litigation do not allow for U.S.-style pretrial discovery, there are important limitations on what a U.S. lawyer can seek and obtain in England.
The Onondaga Indian Nation says it plans to file a petition asking the Inter-American Commission on Human Rights to declare that the U.S. government's decision not to hear its lawsuit asking for the return of 2.5 million acres in upstate New York violates international human rights agreements.