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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…

David Livshiz, Henry Hutten, Linda H. Martin, Mary Eaton, Scott Eisman.

What Multinational and US Businesses Need to Know about China’s New Blocking Rules

China, USA - January 18 2021 On January 9, China’s Ministry of Commerce (MOFCOM) issued Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and…

Altin Sila, Kimberly Zelnick, Nabeel Yousef, Noah Lipkowitz.

New York Court of Appeals Says “Yes” to Cross-Jurisdictional Tolling in Class Actions

USA - October 23 2020 Class actions are unique in that they generally bind all individuals who do not opt out of the class. As a result, putative class members who do not…

Christian Vandergeest, David Livshiz, Linda H. Martin, Scott Eisman.

Second Circuit denies discovery in aid of private international arbitrations, deepening Circuit split

USA - July 9 2020 After more than 20 years of silence on the subject, the Second Circuit ruled on July 8, 2020 that 28 U.S.C. § 1782 (Section 1782) does not permit…

David Livshiz, Elliot Friedman, Linda H. Martin, Olivia Greene, Paige von Mehren.

US Supreme Court Rules that Non-signatories May Enforce International Arbitration Agreements

USA - June 12 2020 On June 1, 2020, the US Supreme Court held in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC that a non-signatory to an…

David Livshiz, Elliot Friedman, Linda H. Martin, Thomas W. Walsh, Tim Chen.