Monthly Archives: June 2012

Seventh Circuit En Banc Affirms Denial of Motion To Dismiss Direct Purchase Antitrust Claims Against Potash Cartel Members: Foreign Trade Antitrust Improvements Act Clarified

Minn-Chem, Inc., et al. v. Agrium Inc., et al., No. 10-1712 (7th Cir. 2012) (en banc), is a decision of all the active sitting Judges of the United States Court of Appeals for the Seventh Circuit.  The Court addresses two issues of central importance to international litigation, especially in the antitrust context — from a … Continue Reading

New York’s Highest Court Dismisses Complaint By French Asset Management Firm Alleging Breach of Fiduciary Duty and Unlawful Interference with Contract

Oddo Asset Mgt. v. Barclays Bank PLC, et al., No. 126 (NY 2012), involves the application of state common law principles to an international transaction gone bad.   Two investment vehicles, SIV-Lites and Oddo Asset Management, were French asset management companies with over 350 institutional clients and investment of 16.6 billion Euros.  They purchased mezzanine notes … Continue Reading

New York’s Highest Court Affirms Dismissal of Suit In Deference to Philippines Sovereign Immunity

Osqugama Swezey v. Merrill Lynch, et al., No. 88 (NY 2012), is a decision of New York’s highest court on the issue of how to balance the claims of deserving litigants before the court and those of the absent non-U.S. sovereign.  The issue is one we have posted on previously (e.g., here) Merrilly Lynch brought an … Continue Reading

Vivendi Securities Case Tried, and Lost.

We have posted before on the class action securities case against Vivendi (e.g., here).  The recent trial involving the case is a lesson for international litigation practice.  Since our last posting, the defendants in the case sought to stay the trial pending Second Circuit review.  Because there was no vehicle to access appellate review, permission … Continue Reading

Courts Continue To Show Resistance To Maintaining Under Seal or In Confidence Documents and Information Used in Court Proceedings

We have posted previously on the growing reluctance of certain courts to maintain under seal the rulings of arbitral panels in international disputes (see, for example, here).  That poses challenges to parties trying to decide whether to initiate confirmation, enforcement, or vacatur proceedings.  Once the case is in court, however, there is no assurance that … Continue Reading

District Courts Show Reluctance To Precluding Non-U.S. Expert or Consultant Access To Even Highly Confidential Material Subject to U.S. Court Imposed Orders of Confidentiality/Protective Orders

In complex commercial litigation generally, the questions typically arise concerning who can review or have access to the confidential documents or data of the adversary.  In international litigation, those questions also include “where” parties can have such access.  If a non-U.S. person or entity breaches a confidentiality order entered by a U.S. court, where can … Continue Reading

Another District Court Distinguishes Norex and Finds “Extraterritorial” Jurisdiction Under RICO

We recently posted on the analysis of the extraterritoriality issue stemming from Morrison but applied to RICO claims (here).  In that case, involving Chevron and the proceeings pending in the Southern District of New York, the District Court here determined that the Second Cicruit’s decision in Norex Petroleum Ltd. v Access Indus., Inc., 631 F.3d … Continue Reading

U.S. Government Settles International “Trading with Enemy” Act Claims Against ING Bank

The U.S. government settled an international investigation and threatened prosecution against ING Bank N.V. in a case highlighting the international nature of modern banking as well as governmental investigations and regulatory enforcement.  The U.S. passed laws prohibiting trade with certain countries.  Two statutes embodying those prohibitions are the Trading with the Enemy Act and the … Continue Reading

Chevron Case Adds An Additional Venue, Canada; Plaintiffs Seek To Enforce Judgment There

A brief recap of where the parties are in this continuing saga.  After obtaining a judgment against Chevron Corp. (which bought assets directly or indirectly from Texaco, Inc. in 2001 and was treated as the successor in interest for environmental liabilities) of $8.646 billion, Ecuadorian plaintiffs (indigenous peoples in the Amazonian rain forest) sought enforcement of a  judgment in the … Continue Reading

ICSID Arbitration Ruling Decides Initial Jurisdictional Issues

Pacific Rim v El Salvador (ICSID Case No. ARB/09/12) is a recent decision by the International Centred for Settlement of Investment Disputes (ICSID).  The arbitration is brought under the Dominican Republic — Central America — United States Free Trade Agreement (CAFA) and Investment Law of El Salvador.  The dispute between the parties are Pac Rim’s claims against El Salvador … Continue Reading

New York Court Enforces Non-U.S. Judgment Under Uniform Money Judgment Act Without Analysis of Personal Jurisdiction Over the Defendant; Rejects Forum Non Conveniens Dismissal

Abu Dhabi Commercial Bank PJSC v. Saad Trading, Contracting & Financial Services Co., 652191/11 (Sup. Ct. N. Y. Cty. 2012), granted summary judgment in lieu of complaint — a streamlined and expeditious remedy — to domesticate and enforce a judgment from the U.K.  In the U.K. proceedings, the defendant initially appeared, did not contest jurisdiction, … Continue Reading

Federal Circuit Rejects Extraterritoriality Limitation for Certain Patent Claims

In our first posting (here) of Merial Limited, BASF Agro B.V. v. CIPLA Ltd., et al., Nos. 2011-1471, 1472 (Fed. Cir. 2012), we discuss the Court of Appeals ruling on Fed. R. Civ. P. 4(k)(2).  Here we address an equally important issue for the international practitioner:  the extraterritorial limits to a federal district court’s contempt … Continue Reading

Federal Circuit Softly Splits with Seventh, Ruling that a Defendant Cannot Consent to a Jurisdiction To Preclude Application of Fed. R. Civ. P. 4(k)(2)

Merial Limited, BASF Agro B.V. v. CIPLA Ltd., et al., Nos. 2011-1471, 1472 (Fed. Cir. 2012), a decision from the federal Court of Appeals level court with jurisdiction over patent appeals, deserves a read by international practitioners — at least the part of the decision that involves the discussion of service of process.  (There is another … Continue Reading