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SEC v. Morrone: The First Circuit Adopts “Irrevocable Liability” Test but Furthers Circuit Split on “Predominantly Foreign” Test

USA - June 10 2021 In May 2021, the U.S. Court of Appeals for the First Circuit decided SEC v. Morrone, holding that U.S. federal securities laws applied to defendants’…

David Livshiz, Linda H. Martin.

High Court Int'l Discovery Case Fits Mootness Exception

Hong Kong, Singapore, United Kingdom, USA - April 6 2021 When the events giving rise to a type of litigation move so quickly that they conclude before the litigation can wind its way through the appellate…

Linda H. Martin, Paige von Mehren.

Sixth Circuit confirms that filing a notice of appearance by itself does not waive personal jurisdiction

USA - March 16 2021 On February 23, 2021, the U.S. Court of Appeals for the Sixth Circuit held in Blessing v. Chandrasekhar that defendants do not waive their personal…

Yulia Dernovsky, Timothy Harkness, David Livshiz, Linda H. Martin.

Supreme Court Limits FSIA’s Expropriation Exception to Violations of the International Law of Expropriation

USA - February 10 2021 On February 3, 2021, the United States Supreme Court decided Federal Republic of Germany v. Philipp, narrowing the scope of the “expropriation…

Elliot Friedman, David Livshiz, Linda H. Martin, Paige von Mehren, Christian Vandergeest.

Second Circuit Decision Reiterates That US Securities Laws Do Not Apply To “Predominantly Foreign” Transactions

USA - February 5 2021 On January 25, 2021, the United States Court of Appeals for the Second Circuit (the Second Circuit) held that a private contract for the sale of…

Mary Eaton, Timothy Harkness, Henry Hutten, David Livshiz, Linda H. Martin.