New York Law Journal | Commentary
By Samuel Estreicher and Julian G. Ku | June 10, 2021
Application of the relevant legal standards reveals that Israel has a sound legal justification for using military force against Hamas, and that its use of such force likely conformed to the applicable international laws of war, whereas Hamas on the other hand has repeatedly violated the core, bedrock principle that civilians cannot be targeted, whatever the ostensible justification.
By Tom McParland | June 8, 2021
The panel helding that the Swiss authorities could not be sued under the "expropriation exception" to the Foreign Sovereign Immunities Act, tossing a complaint by an art collector.
By Bruce Love | June 1, 2021
Dave Stetson's move comes when clients may be dealing with increased sanctions against Russia. He's also moving shortly after Goldman's in-house team weathered a series of blows.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | May 26, 2021
In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss how, in cases brought to enforce arbitration awards, rules for serving process on parties located outside the United States are not always as rigid as required by the language of the Federal Rules.
New York Law Journal | Analysis
By John Fellas | May 17, 2021
The Supreme Court has granted certiorari to resolve the question of whether §1782 can be used in private arbitration. This article address three considerations that bear on the question before the Supreme Court that have not received the attention they deserve.
New York Law Journal | Analysis
By Samuel Estreicher and Julian G. Ku | April 20, 2021
In this U.S. Foreign Relations column, Samuel Estreicher and Julian G. Ku discuss a recent ruling that the ICC's jurisdiction extends to territory occupied by Israel during the 1967 Six Day War, namely, the West Bank, Gaza and East Jerusalem. The decision clears the way for the ICC's Prosecutor to investigate, arrest, and try any individual whom it finds has committed serious violations of international law in those territories. Israel has rejected this decision and its applicability to Israeli nationals, especially Israeli soldiers. The largely unpersuasive legal basis for the decision to authorize expansive jurisdiction will undercut the ICC's future effectiveness and legitimacy.
By Michael A. Mora | April 14, 2021
"Do I think Ponzi schemes will end? Of course not," said Akerman partner Michael I. Goldberg. "But he raised the awareness that they exist."
By Eric Lewis | March 26, 2021
The United States needs to consider carefully whether its treaty advantages and broad jurisdictional statutes should be aggressively used to bring foreign defendants to the United States when the American interest is limited and when other countries may have a greater interest in applying their own statutes, and their own penalty structures.
New York Law Journal | Analysis
By John Rapisardi and Joseph Zujkowski | March 26, 2021
In this edition of their Bankruptcy Practice column, John Rapisardi and Joseph Zujkowski spoke with two Rio de Janeiro-based attorneys for their guidance on Brazilian Law 14.112, which enacts a number of reforms to Brazil's bankruptcy laws that attempt to expand and clarify creditors' rights and modernize Brazil's bankruptcy framework. This article focuses on the amendments relating to judicial and extrajudicial reorganizations.
New York Law Journal | Analysis
By Samuel Estreicher and Julian G. Ku | March 17, 2021
The court's strict interpretation of when international law would permit an exception to foreign sovereign immunity fits within a larger pattern of Supreme Court decisions restricting the ability of foreign plaintiffs to bring cases into U.S. courts that have little or no connection to the United States.
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