Monthly Archives: July 2010

Congressional Legislation to Overturn Morrison v. National Australia Bank

The passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (H.R. 7143) (the “Act”) limits the Supreme Court’s decision in Morrison v. National Australian Bank Ltd., No. 08-1191 (June 24, 2010), to private rights of action.  The Act leaves open the possibility that Morrison will be completely overturned by legislation following a mandatory … Continue Reading

Morrison v. National Australia Bank Redux: The potentially even greater impact to international practice of the “other” holding of Morrison: the judicial power to hear a case vs. whether the statute applies to the challenged conduct.

The substantial amount of press and commentary generated by the second holding of the U.S. Supreme Court’s decision in Morrison v. National Australia Bank, discussed in our post of 7/16/10, has overshadowed the potential importance of the first holding of that decision, which has attracted little attention.  In fact, we have only one commentator on … Continue Reading

The US Supreme Court’s “foreign-cubed” ruling in Morrison v. Nat’l Australia Bank: Much ado about how much?

In the last “international litigation” case of the Term, the U.S. Supreme Court’s decision in Morrison v. National Australia Bank (No. 08-1191) held that Section 10(b) of the Securities Exchange Act of 1934 did not provide a private cause of action in “foreign-cubed” cases—cases where foreign plaintiffs sue foreign defendants for misconduct in connection with … Continue Reading


With this posting we launch our law blog on International Practice.  We intend this blog to provide a forum for timely discussion concerning judicial and regulatory decisions and other trends in international litigation, international dispute resolution, and international investigations, regulatory compliance, and enforcement.  By “international”, we don’t mean border disputes or other “public international law” topics.  Rather, … Continue Reading