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Results: 1-10 of 101

Three different approaches to RICO extraterritoriality

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • December 11 2014

It is not uncommon for courts today to adjudicate claims arising outside their territorial jurisdiction. Some jurisdictions, such as the US, stand

General counsel update September 2014

  • Herbert Smith Freehills LLP
  • -
  • Australia, China, European Union, Hong Kong, Russia, United Kingdom, USA
  • -
  • September 29 2014

The London Court of International Arbitration (LCIA) Court's new rules come into force on 1 October 2014 and are to apply to any arbitration

US federal appeals court vacates insider trading convictions of hedge fund traders

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • December 11 2014

The US Court of Appeals for the Second Circuit in United States v. Newman, 13-1837 (2d Cir. Dec. 10, 2014), vacated the convictions of two former

Res judicata effect of a prior arbitration is to be determined by arbitrators, not the courts the Belco Rule can be hard to swallow

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • December 18 2013

In Citigroup, Inc. v Abu Dhabi Investment Authority 13 Civ. 6073 (PKC), the United States District Court for the Southern District of New York (SDNY

Class actions update November 2014

  • Herbert Smith Freehills LLP
  • -
  • Australia, USA
  • -
  • November 6 2014

Since the release of the June update, the Productivity Commission has continued to receive submissions in response to its draft report on access to

UK Supreme Court refuses to enforce US judgment made in insolvency proceedings against English resident defendants

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom, USA
  • -
  • November 1 2012

In Rubin v Eurofinance SA 2012 UKSC 46, the Supreme Court (by a majority of 4 to 1) reversed the Court of Appeal’s unanimous decision and held that the English court would not enforce a judgment made by the New York court in insolvency proceedings to which the defendant did not submit

Dueling limitation periods: time-limit under the US Federal Arbitration Act trumped by state law on enforcement of foreign judgments

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • August 12 2014

The US Court of Appeals for the District of Columbia Circuit rules that state law governing the limitation period for enforcing a foreign judgment

US district court confirms arbitral award against Pemex that was nullified at its seat

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • September 18 2013

The US District Court for the Southern District of New York has confirmed an arbitral award in favour of COMMISA, a subsidiary of KBR, against Pemex

US Court reaffirms use of defensive tactics by target boards in hostile takeover bids

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • May 30 2011

The US Delaware Court of Chancery recently considered a case where a target board repeatedly invoked its shareholder rights plan (poison pill) to fend off a hostile cash bid

US appeals court limits extra-territorial application of anti-fraud provisions of the US Federal Securities laws

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • September 3 2014

The US Court of Appeals for the Second Circuit inParkcentral Global Hub Limited v. Porsche Automobile Holdings, SE, 11-397-CV (2d Cir. N.Y. Aug. 15