German Court Decides U.S. Copyright Claims
The training of artificial intelligence (“AI”) models on copyrighted works, such as books, articles, and songs, has produced disputes about the legality of the use of the works for such a purpose if the training occurs without permission or a license from the copyright owners. Copyright owners and their representatives have now sued AI companies…
Continue ReadingThird Conflict of Laws Annual Workshop
The Third Conflict of Laws Annual Workshop (CLAW3) will be hosted by the University of Pennsylvania Carey Law School on Friday, November 13, 2026, with a welcome dinner the night before. The CLAW aims to provide a forum to discuss new work in conflict of laws. The CLAW welcomes work on all aspects of conflict…
Continue ReadingD.C. Circuit Holds Jurisdictional Discovery in FSIA Cases Not Immediately Appealable
Last Friday, August 14, 2026, the D.C. Circuit held in Rodriguez v. Pan American Health Organization that international organizations, and by extension foreign states, cannot immediately appeal district court orders for jurisdictional discovery aimed at determining if they are immune from suit. (Disclosure: I joined an amicus brief urging the court to take this position.)…
Continue ReadingD.C. Circuit on Personal Jurisdiction in Foreign-Cubed Cases
The D.C. Circuit (Judge Patricia Millet) recently grappled with the limits of federal personal jurisdiction in a suit between foreign parties regarding events that took place outside the United States. In Gligorov v. Nation of Brunei, the court affirmed the dismissal of RICO claims against three corporate defendants for lack of personal jurisdiction. The opinion…
Continue ReadingForum Connections in Arbitration Enforcement
The New York Convention requires signatory states to recognize and enforce foreign arbitral awards, subject only to narrow exceptions set forth in the treaty. The Convention’s fundamental purpose is to facilitate enforcement by making arbitral awards portable, allowing award holders to search the globe for assets (or information about assets) when a counterparty that promised…
Continue ReadingUsing TLB to Teach Civil Procedure (2026 update)
As the fall semester gets underway, we are updating our posts on using resources on TLB to teach various classes. This post gathers materials that can complement a standard civil procedure course, whether by providing concise overviews of doctrines, distilling Supreme Court developments, or suggesting recent cases that can spark discussions of perennial procedural issues….
Continue ReadingUsing TLB to Teach International Business Transactions (2026 Update)
As the fall semester gets underway, we are updating our posts on using resources on TLB to teach various classes. This post discusses International Business Transactions (IBT). Although TLB focuses on litigation and IBT focuses on transactions, there is a great deal of overlap. The most obvious examples are contractual clauses that plan for dispute resolution,…
Continue ReadingFurther Thoughts on Personal Jurisdiction for Helms-Burton Act Claims
Last week, Bill Dodge reported on the Eleventh Circuit’s recent decision in Rodriguez v. Imperial Brands, PLC, in which the court dismissed Helms-Burton Act claims against two British defendants for lack of personal jurisdiction. Bill critiqued the court’s application of Fuld v. Palestine Liberation Organization (2025), but not the decision’s ultimate outcome. The difficulty with…
Continue ReadingUsing TLB to Teach Conflict of Laws (2026 Update)
This post updates our series explaining how professors can use resources on TLB to teach various classes. Previous posts have discussed Transnational Litigation, Civil Procedure, Foreign Relations Law, and International Business Transactions. This post discusses Conflict of Laws. All of these posts are accessible at our Teaching Resources page. Primers and Topic Pages Conflict of Laws covers three primary subjects: (1) personal…
Continue ReadingD.C. Circuit Adopts Twelve-Year Statute of Limitations for Enforcing ICSID Awards
Last week, the D.C. Circuit held in Titan Consortium 1 v. Argentine Republic that suits brought in the District of Columbia to enforce arbitral awards issued by the International Centre for the Settlement of Investment Disputes (“ICSID”) are subject to a twelve-year statute of limitations. Both the rule and reasoning in Titan Consortium underscore the…
Continue Reading