Last Friday, Magistrate Judge Paul Kohler (District of Utah) granted a motion for alternative service of process, allowing ...

On its face, a choice-of-law clause selecting the laws of the United States (or a state within the United States) may seem irrelevant to whether a foreign nation has waived its sovereign immunity in U ...

The threat to confiscate Russian assets is unprecedented for an additional reason: it involves assets of Russia’s central bank. To be sure, central bank assets have been the target of sanctions in ...

Over the past several months, three state appellate courts in the United States have examined whether a “talaq” divorce ...

When federal statutes do not indicate how far they reach, courts apply a presumption against extraterritoriality to limit their geographic scope. Last year, in Abitron Austria GmbH v. Hetronic ...

In MCC-Marble Ceramic Center, Inc., v. Ceramica Nuova d’Agostino, S.p.A. (1998), the Eleventh Circuit held that the American parol evidence rule does not apply in cases governed by the U.N. Convention ...

The plaintiff was Chilean Sea Bass, Inc. (CSB), a Panamanian corporation with its principal place of business in Chile. The defendant was Kendell Seafood Imports, Inc. (Kendell), a U.S. company with ...

The antisuit injunction, which blocks a party from initiating or pursuing litigation in a foreign court, is a powerful tool in the judicial arsenal. Courts issue these injunctions, under appropriate ...

I have written more than anyone probably should about forum non conveniens (FNC), but much of it boils down to some commonsense updating of the Gulf Oil factors: acknowledge the effects of changing ...

Helmerich & Payne International Drilling Co. (Helmerich) is a U.S. company with a Venezuelan subsidiary (Helmerich (Venezuela)). Helmerich (Venezuela) provided services for Petróleos de Venezuela, S.A ...

The reach of U.S. law keeps changing. For decades—in fact, off and on for more than a century—U.S. courts have turned to the presumption against extraterritoriality to determine the geographic scope ...

Devas and Antrix, both Indian companies, made a deal for the construction and launch of two satellites. Devas was created by U.S. investors; Antrix is owned and controlled by the Indian government.