New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | December 12, 2023
International arbitrations often involve large amounts of money concerning, on occasion, indications of illegality, including criminal activity. What arbitrators can and should do when they have some awareness of such illegal activity has recently become the subject of commentaries and analyses.
New York Law Journal | Analysis
By Mariko Hirose | December 7, 2023
When a U.S. citizen marries a noncitizen, the foreign spouse does not automatically obtain the right to live in the United States permanently. Instead, if the spouse does not have permanent status already, the U.S. citizen must submit a petition and accede to the process of proving the marital relationship to USCIS. Should the consular officer's fateful decision to issue a spousal visa be subject to any degree of judicial oversight? In a petition for certiorari before the U.S. Supreme Court, the Solicitor General is urging the court to take up the question and answer it in the negative to the detriment of millions of U.S. citizens.
New York Law Journal | Analysis
By J.P. Duffy | November 17, 2023
This article examines the difficulties that privilege issues can present in international arbitration, and concludes that solutions oftentimes lie with an overlooked legal tool—common sense.
New York Law Journal | Analysis
By Catherine Amirfar and Nicole Marton | November 17, 2023
The types of disputes that may arise from increased lunar activity and exploration may be placed into three categories: disputes between countries, between companies, or between a company and a country. No matter which flavor a particular dispute takes, they are all sure to deal with a complex interplay of international and commercial legal issues.
New York Law Journal | Analysis
By Samuel Estreicher | November 6, 2023
In his Foreign Relations Law column, Samuel Estreicher discusses how a Ninth Circuit panel in 'Doe I v. Cisco Systems' recently gave new life to the Alien Tort Statute, which has become a major focus of human rights litigation seeking redress for injuries levied by violators of international law norms.
By William B. Adams and John M. Super | November 6, 2023
It is critical to understand how a court will evaluate and apply foreign law to determine a foreign corporation's legal capacity to sue or be sued or to enter into an arbitration agreement. In the past year, two decisions by the U.S. Court of Appeals for the Second Circuit make clear the perils of getting these basic—but technically complex—questions wrong.
By Brian Lee | October 30, 2023
Hank Greenberg, shareholder in Greenberg Traurig's Albany office, visiting during the armed conflict between the State of Israel and Hamas.
New York Law Journal | Analysis
By Benjamin Qiu and Sam Goodman | October 5, 2023
Unexpected geopolitical shifts and deteriorating relationships between authoritarian powers and their neighbors can have disastrous consequences for foreign businesses operating in those countries. China's new Foreign State Immunity Law could be an example of such risks.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | September 27, 2023
This article examines the issue of serving by electronic means under the Hague Convention, including whether email service is permitted in countries that have specifically invoked their right under the convention to object to service by mail.
National Law Journal | Analysis
By Abigail Adcox | August 29, 2023
Visiting attorneys may go through a different vetting system than U.S.-educated associates, as some law firms recruit visiting lawyers from international law firms that they have existing relationships with.
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