Tag Archives: Int’l Regulatory & Enforcement

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

U.S. Court Orders Extradition of Alleged War Criminal After According Due Process

In the Matter of the Extradition of Rasema Handanovic, 3:11-mc-9097-ST (D. Ore. 2011), presents several noteworthy aspects of the international practice issues that arise in an international extradition proceeding.  In particular, the extent to which a U.S. court will protect the due process rights of a potential criminal defendant in an international war crimes case is … Continue Reading

Second Circuit Explains Its Decision Reversing the Grant of Injunction To Enforce $18 Billion Award Against Chevron

Chevron Corp. v. Hugo Gerardo Camacho Naranjo, et al., No. 11-1150-cv(L), is the Second Circuit’s decision explaining its ruling ealier in 2011 to reverse the District Court’s grant of a preliminary injunction precluding any enforcement activities of an $18 billion judgment against Chevron by native Ecuadorians for environmental liability entered by a court (and now … Continue Reading

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., Docket No. 09-4704-cr(L) (2d Cir. Dec. 2011).  The case has important implications for international business … Continue Reading

Non-U.S. Liquidation Proceeding Recognized by U.S. Court; Public Policy Bar Rejected

In re: Fairfield Sentry Limited, et al., 10 Civ. 7311 (S.D.N.Y. Sept. 2011), is an appeal to the District Court of a ruling by the Bankruptcy Court that recognized the liquidation proceeding of Fairfield pending in the British Virgin Islands (BVI) as a “foreign main proceeding” under the U.S. Bankruptcy statute and stayed appellants derivative as well as … Continue Reading

Fifth Circuit Affirms Dismissal of Major Challenge to OPEC and to National Oil Companies’ Participation, Citing Political Question and Act of State Doctrines

Spectrum Stores, et al. v. Citgo Petroleum Corp., et al., No. 09-20844 (5th Cir. Feb. 8, 2011), involves two class actions brought by gasoline retailers against oil production companies alleging antitrust violations.  Most of the defendant oil companies are owned by OPEC member nations.  Even though the plaintiffs sued numerous non-sovereigns, the Fifth Circuit affirmed … Continue Reading

Morrison and International Practice in Financial Services and Products: Scorecard Nine Months In

It’s time to take quick stock of Morrison v. National Australia Bank (No. 08-1191).  It will be recalled that in that case the Supreme Court 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 … Continue Reading

Ninth Circuit Rules Warsaw Convention Immunity Available; Tokyo Convention Immunity Not

Eid, et al. v. Alaska Airlines Inc., No. 06-16457 (9th Cir. 30 July 2010), presents a recent Court of Appeals analysis of two international conventions that are being invoked with greater frequency in international litigation.  The treaties/conventions are the Warsaw Convention (Convention for the Unification of Certain Rules Relating to International Carriage by Air, Oct. … Continue Reading