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U.S. Supreme Court Expands Kiobel to Determine Whether the Alien Tort Statute Applies Extraterritorially
6 March 2012
Publication
Just days after hearing oral argument in Kiobel v. Royal Dutch Petroleum Co., a case involving the question whether corporations can be liable for claims of human rights violations under the Alien Tort Statute (“ATS”), the U.S. Supreme Court ordered...
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U.S. Supreme Court Hears Arguments About Corporate Liability Under the Alien Tort Statute and the Torture Victim Protection Act
5 March 2012
Publication
On February 28, 2012, the U.S. Supreme Court heard arguments in Kiobel v. Royal Dutch Petroleum Co. and Mohamad v. Palestinian Authority, two much-anticipated cases in which the Court will consider whether corporations can be sued in U.S. courts for alleged complicity...
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The Euro Crisis: Implications For Loan Agreements
9 April 2012
Publication
However challenging the Great Recession has been in the United States, it has ravaged the economies of several of the countries that use the euro as their common currency(the Eurozone).1 Notwithstanding Greece’s bond restructuring last month, the possibility...
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The Federal Reserve Issues Volcker Rule Conformance Clarification
19 April 2012
Publication
On Thursday, April 19, 2012, the Federal Reserve Board issued a policy statement clarifying the manner in which the Volcker Rule prohibitions would apply and would be enforced during the statutory two-year Conformance Period. Despite public statements by...
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US Extraterritorial Iran Sanctions Imposed on Companies Based in China, Singapore, and the UAE
12 January 2012
Publication
Today, the US Department of State ("State") imposed sanctions on Zhuhai Zhenrong Company ("Zhenrong") of China, Kuo Oil (S) Pte. Ltd. ("Kuo") of Singapore, and FAL Oil Company Limited ("FAL") of the UAE under the Iran Sanctions...
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NY State Court Rules that Common Law Claims are not Preempted by Martin Act
22 December 2011
Publication
On December 20, 2011, the New York Court of Appeals held that New York State's "blue sky" law, the Martin Act, does not preempt private plaintiffs from bringing traditional common law claims, including breach of fiduciary duty and gross negligence....
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Bankruptcy Preferences: They Haven't Gone Away
2 December 2011
Publication
For generations, federal bankruptcy law has given trustees and debtors-inpossession (collectively, for simplicity, trustees) in Chapter 7 liquidation and Chapter 11 reorganization cases the power to “avoid,” or invalidate, certain prebankruptcy preferential transfers...
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US Covered Bonds – Senate Introduces Legislation to Encourage Market Development
15 November 2011
Publication
On November 9, 2011, Senator Kay Hagan (D-NC) and Senator Bob Corker (R-TN) and co-sponsors Chuck Schumer (D-NY) and Mike Crapo (R-ID) introduced the "The United States Covered Bond Act" to the United States Senate. The bi-partisan Senate bill is intended...
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Consumer Goods and Retail Industry Competition Bulletin - September 2011
29 September 2011
Publication
In this issue the following articles:
Hot Topics
China: Unilever fined for offence relating to price rise announcement.
Supermarkets/Groceries Retailing
EU: Commission clears REWE / ADEG again.
Germany: FCO maintains strict line on food retail...
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Intervening Rights Finding Loses Plaintiff Permanent Injunction and $29 Million Damage Award
29 September 2011
Publication
Earlier this week, the United States Court of Appeals for the Federal Circuit ("CAFC") voided a patent holder's big win at trial (permanent injunction along with its $29 million damage award) after the patent holder surrendered during reexamination...