Second Circuit Holds for the Government in Halkbank Remand
The U.S. Court of Appeals for the Second Circuit has issued its opinion in U.S. v. Turkiye Halk Bankasi (Halkbank) following the Supreme Court’s decision to remand the case for further consideration of common law immunity issues. The same panel of Second Circuit judges held for the government the first time it heard the case…
Continue ReadingIsraeli Data Protection Law No Bar to U.S. Discovery
A U.S.-based mobile gaming platform called Skillz sued its Israeli-based competitor, Papaya Gaming Ltd., for false advertising and deceptive practices. Skillz claimed that Papaya used “bots,” despite advertising to customers that they would be competing against real humans. Papaya counterclaimed, making nearly identical allegations against Skillz for allegedly misrepresenting that Skillz players compete against people,…
Continue ReadingConstitutionality of TVPA Challenged in First Circuit
As previously reported at TLB, a Massachusetts jury last year awarded $15.5 million in damages against Jean Morose Viliena for torture and extrajudicial killing under the Torture Victim Protection Act (TVPA). Viliena was mayor of a town in Haiti where the three plaintiffs lived. The jury found him responsible for murdering the brother of one…
Continue ReadingPuerto Rico, Law 75, and Forum Selection Clauses
Many years ago, Puerto Rico’s legislature approved the Dealer’s Contract Act—known as Law 75—to protect local distributors. Law 75 provides that a principal dealing with a distributor in Puerto Rico may terminate a distribution agreement only for “just cause.” In an attempt to evade this law, out-of-state principals frequently write choice-of-law clauses and forum selection…
Continue ReadingPersonal Jurisdiction and the Montreal Convention
I recently discussed the Fifth Circuit’s remarkably unremarkable personal jurisdiction analysis in a case involving a Montreal Convention claim. Before reaching the constitutional personal jurisdiction analysis, however, the panel in Hardy v. Scandinavian Airlines System first rejected the plaintiff’s argument that the Montreal Convention itself established personal jurisdiction over the defendant airline, either directly or…
Continue ReadingParol Evidence and the CISG
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 on Contracts for the International Sale of Goods (CISG). Article 8(3) of the Convention instructs courts, in determining the intent of the parties to…
Continue ReadingU.S. and Foreign Litigation Relating to the Events in Gaza
High profile cases against Israel and Germany have been bought before the International Court of Justice, alleging violations of international law with respect to events in Gaza following the October 7, 2023, attacks by Hamas. The prosecutor of the International Criminal Court is seeking five warrants of arrest against Israelis and Hamas leaders for war…
Continue ReadingApplying the TVPRA to Foreign Websites
The facts of Doe v. WebGroup Czech Republic are horrific. The complaint alleges that a U.S. citizen, fourteen years old, was filmed being raped, repeatedly, in the United States. Videos of the assaults were uploaded to foreign pornography websites, from which they were then viewed tens of thousands of times in the United States. Are…
Continue ReadingA Troubling Decision in the EDNY
In the annals of troubling decisions relating to the enforcement of foreign forum selection clauses, a recent opinion, Gurung v. MetaQuotes, Ltd., by the U.S. District Court for the Eastern District of New York (Judge Orelia E. Merchant) warrants special mention. It raises the question whether any forum selection clause will ever be deemed unreasonable…
Continue ReadingJPMorgan Caught Up in U.S. Sanctions Against Russia
A recent dispute in U.S. federal court shows that efforts to isolate Russia through sanctions are seeping into the courts of both countries. As the economic and legal regimes of Russia and the United States drift further apart, both Russian and U.S. courts have become increasingly bold in flouting the orders of the other. This…
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