US Supreme Court holds that the Alien Tort Statute does not apply extraterritorially *

USA - April 18 2013
In a decision of substantial importance to any business that operates outside the United States, on April 17, 2013, the US Supreme Court held in…

Co-authors: Alex C. Lakatos, Kevin S. Ranlett, Marc R. Cohen.

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Supreme Court holds that Alien Tort Statute doesn’t apply extraterritorially *

Nigeria, USA - April 17 2013
Today, the Supreme Court issued its long-awaited decision in Kiobel v. Royal Dutch Petroleum (pdf) on the scope of the Alien Tort Statute ("ATS"), 28…

Co-authors: Kevin S. Ranlett.

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Ninth Circuit narrows California exception to arbitration agreements, but puts off deciding whether FAA preempts the exception altogether *

USA - April 11 2013
Earlier today, the Ninth Circuit issued its en banc opinion in Kilgore v. KeyBank NA. The court had granted en banc review to decide whether the…

Co-authors: Archis A. Parasharami.

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DC Circuit invalidates NLRB recess appointments, undermining many NLRB and Consumer Financial Protection Bureau decisions *

USA - January 30 2013
On January 25, 2013, the D.C. Circuit held in Noel Canning v. NLRB (pdf) that President Obama's three recess appointments last year to the NLRB are…

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District of Columbia Circuit holds NLRB recess appointments invalid, undermining numerous NLRB and Consumer Financial Protection Bureau decisions *

USA - January 29 2013
Ordinarily, senior officials of the federal government take office only after being nominated by the President and confirmed by the Senate. The…

Co-authors: Joseph W. Goodman , Jeffrey P. Taft.

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