District Court finds that an employee may be lawfully terminated for misconduct caused by a disability *

USA - March 13 2013
On March 4, 2013, the United States District Court for the Southern District of Florida, in the matter of Foley v. Morgan Stanley Smith Barney, LLC…

Co-authors: Tracy L. Gerber, Lauren R. Whetstone.

Eleventh Circuit holds that private arbitral tribunals fall within Section 1782’s purview *

USA - July 24 2012
The Eleventh Circuit Court of Appeals recently concluded, as a matter of first impression, that private arbitral proceedings are considered a “foreign or international tribunal” for 28 U.S.C. § 1782 discovery purposes.

Co-authors: Gerardo J. Rodriguez-Albizu.

Southern District of Florida holds Morrison v. Nat'l Australia Bank not limited to Exchange Act, also bars RICO claims *

USA - February 6 2012
In the recently-issued decision of Sorota v. Sosa, No. 11-80897-Civ, ---- F. Supp. 2d ----, 2012 WL 313530 (S.D. Fla. Jan. 31, 2012), the United States District Court for the Southern District of Florida held that Morrison v. Nat’l Australia Bank, Ltd., 130 S.Ct. 2869 (2010), extends beyond just Exchange Act cases, noting that in Morrison the Supreme Court reaffirmed the long-standing principle that “[w]hen a statute gives no clear indication of an extraterritorial application, it has none.”

Co-authors: Gerardo J. Rodriguez-Albizu.