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Results: 1-10 of 92

The Alien Tort Statute when will a claim “touch and concern” the territory of the United States?

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • September 23 2014

In Kiobel v Royal Dutch Petroleum Co, the US Supreme Court held that the presumption against extraterritorial application of US laws applies to

US Federal Court orders Microsoft to produce e-mail content stored outside the United States

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • August 29 2014

In a decision that may affect how Japanese technology companies with US subsidiaries, and in particular data storage or "cloud" providers, do

LME held immune from anti-trust suit under US Foreign Sovereign Immunities Act

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom, USA
  • -
  • August 28 2014

In re: Aluminum Warehousing Antitrust Litigation, U.S. District Court, Southern District of New York, No. 13-md-02481, Judge Katherine Forrest has

New York state court green-lights mandatory mediation pilot programme

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • July 16 2014

As we previously reported (here), the New York Supreme Court Commercial Division (a Manhattan-based division of the state Court of First Instance

US Supreme Court rejects jurisdiction over foreign corporation based on its subsidiary’s contacts with the forum

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • January 24 2014

For the first time ever, the United States Supreme Court has addressed whether a foreign corporation may be subjected to a court's general

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

Corporate crime update August 2013 - China, SE Asia & India

  • Herbert Smith Freehills LLP
  • -
  • China, India, Indonesia, Malaysia, Myanmar, Pakistan, Singapore, South Korea, Taiwan, USA, Vietnam
  • -
  • August 19 2013

The SEC alleges that IBM bribed mainland and South Korean officials to win at least US$54 million in government contracts between 1998 and 2009

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

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

Chinese parent subjected to US jurisdiction through subsidiary's acts

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • May 27 2014

The corporate form is commonly used by entities and individuals alike to limit liability by, among other things, avoiding the jurisdictional reach of