Latest Salvo in VK v. Apple Sanctions-Related Litigation
Russia’s “Lugovoy Law” purports to confer exclusive jurisdiction on Russian courts in disputes involving persons and entities subject to sanctions. It applies even if the sanctioned party agreed in advance to a forum-selection clause in favor of a foreign forum. The law also authorizes Russian courts to issue anti-suit injunctions prohibiting counterparties from initiating or…
Continue ReadingSupreme Court Petitions to Watch: November 2026
Petitions for writs of certiorari have been filed in four cases previously covered by TLB. The cases involve personal and in rem jurisdiction, as well as the application of the Foreign Sovereign Immunities Act (FSIA) and the Terrorism Risk Insurance Act (TRIA). Havlish v. Taliban (and related cases) (FSIA and TRIA) Judgment creditors in various…
Continue ReadingUsing Section 337 to Combat Forced Labor Abroad
On October 28, 2026, Corporate Accountability Lab and Picard, Kentz & Rowe filed a complaint with the International Trade Commission (ITC) on behalf of two U.S. shrimpers seeking to block importation of shrimp processed by the Indian company Nekkanti Sea Foods Ltd., allegedly using forced labor. The complaint was filed under § 337 of the…
Continue ReadingNew Scholarship on Personal Jurisdiction and the FSIA
A short forthcoming article by Robert Dorhman examines the use of the test from Bancec (First National City Bank v. Banco Para El Comercio Exerior de Cuba) to resolve various questions that arise under the Foreign Sovereign Immunities Act (FSIA). Dohrman quite right to point out that the Bancec test, which was originally developed to…
Continue ReadingBrazil’s Superior Court Invokes Forum Non Conveniens: Is that Really What They Mean?
On September 1, 2026, Brazil’s Superior Court of Justice invoked the doctrine of forum non conveniens in declining jurisdiction to hear a dispute. It is the first time this court has done so in a transnational case. Does the judgment represent the reception of forum non conveniens into Brazilian law? The answer is less straightforward…
Continue ReadingCross-Border Discovery of Evidence From Non-Parties
It’s rare for me to read a decision on transnational litigation and conclude that the court paid too much attention to international comity. In a recent order resolving a discovery dispute, though, the Southern District of Florida engaged in what struck me as a completely unnecessary comity analysis. The order seemed to misread the Supreme…
Continue ReadingForeign States, Personal Jurisdiction, and the FSIA
A U.S. gas company has sued four Russian defendants in the Southern District of New York for seizing helium containers that the gas company had sent to Russia pursuant to a helium supply contract. One of the defendants, RusChemAlliance (RCA), moved to dismiss for lack of subject-matter jurisdiction. The case is unusual because the plaintiff…
Continue ReadingFinding the Right International Comity Doctrine
In Salisbury v. Costco Wholesale Corp., plaintiffs brought a class action in the U.S. District Court for the Western District of Washington alleging that Costco sold, as “100% agave,” tequilas that contain cheaper, non-agave alcohol. Plaintiffs based their allegations on a testing methodology known as SNIF-NMR, which identifies the plant origin of ethanol by measuring…
Continue ReadingSubstance and Procedure in Conflict of Laws
The field of conflict of laws is famously inscrutable. One of the most enigmatic doctrines in this area is the distinction between “substantive” issues and “procedural” issues. In this post, I first explain how U.S. courts distinguish between these issues for the purpose of resolving horizontal conflicts of law between sovereigns. I then explain how…
Continue ReadingThird Conflict of Laws Annual Workshop Agenda
Following up on an earlier post, the agenda for the Third Conflict of Laws Annual Workshop (CLAW3) is now available here. TLB’s own John Coyle and Maggie Gardner will be presenting papers. The workshop is hosted by the University of Pennsylvania Carey Law School on Friday, November 13, 2026, with a welcome dinner the night…
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