Tag Archives: Trials & Evidence

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 … Continue reading

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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, … Continue reading

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Extraterritoriality Becomes Focus of Kiobel Supreme Court; Are We Headed for Morrison II?

 We have posted on the fascinating development of the law concerning the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350.   The issues raised there are important in their own right and are at the center of many issues faced by the international litigator.  It started with the … Continue reading

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District Court in Vivendi Class Action Denies Plaintiffs’ Bid for Interlocuotry Appellate Review

In re Vivendi Universal, S.A., Securities Litigation, 02 Civ. 5571 (RJH) (S.D.N.Y. 2012),  involves claims by non-U.S. persons — specifically persons in France, England, and the Netherlands (in addition to the U.S.) who purchased ordinary shares of American Depositary Shares … Continue reading

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Rare FCPA Criminal Conviction Affirmed on Appeal

In a rare criminal conviction under the Foreign Corrupt Practices Act, the Second Circuit Court of Appeals affirmed the conviction of Frederick Bourke, co-founder of the accessory company Dooney & Bourke, U.S. v. Viktor Kozeny, David Pinkerton, Frederic Bourke, Jr., … Continue reading

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Post-Arbitral Award Proceeding To Pierce Corporate Veil Correct Procedure But Fails on the Merits

Ahcom, Ltd. v. Hendrik Smelding, et al., Case No. 07-1139 SC (N.D. Cal. Aug. 2011), presents two interesting issues for international litigation and dispute resolution.   Nuttery Farms, Inc., a U.S. corporation, defaulted in connection with a series of contracts for the … Continue reading

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Reversal of District Court Grant of Summary Judgment in Favor of the Palestinian Authority Prompts Four Separate Opinions in the D.C. Circuit

Estate of Mark Parsons, et al. v. Palestinian Authority, et al., No. 10-7085 (D.C. Cir. Aug. 2011), reverses the District Court’s grant of summary judgment and finds triable issues of fact.  The decision is relevant to general international litigation issues … Continue reading

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Court Appoints Neutral Expert On Choice of Law Issues But Rejects Public International Law Concepts’ Applicability To Private Claims

A recent decision, Pallano v. AES Corp., C.A. No. 9C-11-021 JRJ (Del. Super. Ct. July 2011), addresses three issues that frequently face the litigation practicioner or corporate draftmen in internaional litigation:  choice of law; the use of experts for the determination … Continue reading

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D.C. District Court Refuses To Grant Plaintiff Default Judgment Against Iran, Finding Israeli Law Governed Dispute

In Estate of Yael Botvin v. Islamic Republic of Iran, et al., Civil Action No. 05-0220 (D.D.C. March 2011), plaintiff is the estate of an Israeli domiciliary killed in a 1997 terrorist attack in Jerusalem, Israel. The District Court had … Continue reading

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Fourth Circuit Affirms International Arbitration Award Despite Objections Congizable Under the New York Convention

AO Techsbabexport (Tenex) v. Globe Nuclear Services and Supply GNSS, Ltd., No. 09-2064 (4th Cir. 15 Dec. 2010)(unpublished), involved an appeal from a District Court’s judgment that in turn confirmed an arbitral award in an international controversy.  Tenex, a Russian … Continue reading

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