How Congress Should Designate Russia a State Sponsor of Terrorism

Cross Posted at Just Security Appearing before the United Nations General Assembly late last week, Ukrainian President Volodymyr Zelenskyy renewed his call for the designation of Russia as a state sponsor of terrorism.  Proponents of the designation argue that it would ratchet up sanctions–making it more difficult for Russia to continue the war against Ukraine–and…

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Solicitor General Recommends That Supreme Court Hear Extraterritorial Trademark Case

Last Friday, the Solicitor General (SG) recommended that the Supreme Court hear Abitron Austria GmbH v. Hetronic International, Inc. to consider when the federal trademark statute, known as the Lanham Act, applies extraterritorially. A jury found that five German and Austrian companies infringed Hetronic International’s trademarks and awarded damages of more than $90 million for violations…

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Reflections on the New Edition of International Civil Litigation in United States Courts

Over twenty years ago, a horrible accident occurred at the ski resort of Kaprun, Austria.  At that time, I was a young attorney working at a European law firm.  The firm’s partners read about new lawsuits, filed in the United States, that threatened to bring all the procedural tools of the United States judicial system…

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District Court Interprets Geographic Scope of the Commodity Exchange Act

In a recent decision, CFTC v. WorldWideMarkets Ltd., the federal district court for the District of New Jersey (Judge Kevin McNulty) interpreted the geographic scope of the Commodity Exchange Act (CEA), holding that two of its provisions apply only when irrevocable liability for a transaction is incurred within the United States. The decision aligns the…

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Contractual Waivers of Foreign Sovereign Immunity

The Foreign Sovereign Immunities Act (FSIA) provides that foreign states are immune from suit in the United States unless an exception applies.  An important and long-standing exception to immunity is consent (the more common term in international practice) or waiver (the term used in the United States). The FSIA provides that a foreign state shall…

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Surveying Extraterritoriality

TLB advisor Hannah Buxbaum has posted to SSRN a  piece entitled “The Practice(s) of Extraterritoriality.” It is an introductory chapter from the book Extraterritoriality/L’extraterritorialité, edited by Buxbaum and Thibaut Fleury Graff, which grew out of the 2019 Centre for Studies and Research at the Hague Academy of International Law. Buxbaum’s chapter is a masterful survey of extraterritoriality…

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Throwback Thursday: Timberlane Lumber Co. v. Bank of America

Although the relevant text of the Sherman Act remained unchanged for most of the twentieth century, courts’ interpretations of its extraterritorial reach fluctuated dramatically. In 1909, the U.S. Supreme Court adopted a territorial approach in American Banana, described in a recent post, holding that the Sherman Act applied only to anticompetitive conduct in the United…

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Personal Jurisdiction Gone Wrong: Barring U.S. Consumers from Suing Foreign Carmakers for Design Defects

The U.S. Supreme Court has twice emphasized (most recently in 2021) that the ability to sue a carmaker where the plaintiff lives and was injured is a quintessential exercise of personal jurisdiction. In Sellers v. Volkswagen AG, a Mississippi resident injured in Mississippi sued Volkswagen in Mississippi. The U.S. District Court for the Southern District…

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Serving Chinese Defendants—Another Problematic Decision

An order last week in Teetex, LLC v. Zeetex, LLC illustrates some common and problematic approaches to serving process on defendants in China. When service under the Hague Service Convention had not been accomplished within six months, the district court authorized service by email on the defendant’s general manager in China and the general manager’s…

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Perspectives on the 2019 Hague Judgments Convention from the United States and Canada

On August 29, 2022, the European Union and Ukraine became Contracting Parties to the 2019 HCCH Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, commonly known as the Hague Judgments Convention, thus triggering its entry into force on September 1, 2023. Our article recently posted to SSRN, The 2019…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Peter B. "Bo" Rutledge

University of Georgia School of Law
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Linda J. Silberman

New York University School of Law
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Geneviève Saumier

McGill University Faculty of Law
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David L. Sloss

Santa Clara University School of Law
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Philippa Webb

King's College London
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Robert Kry

MoloLamken LLP
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Katie Burghardt Kramer

DGW Kramer LLP
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Ellen Nohle

Yale Law School
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Chris Ewell

EarthRights International
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Oona A. Hathaway

Yale Law School
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