Conflict of Laws Workshop
The Second Annual Conflict of Laws Workshop (CLAW) will be hosted by the University of Oklahoma College of Law in Norman, Oklahoma, on May 16, 2024 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…
Continue ReadingA Roadmap to Service by Email
Federal courts have struggled with the question of when they can authorize service by email on a defendant located in a country that belongs to the Hague Service Convention—as we have explained in many prior posts. Though the interaction between the Convention and Federal Rule of Civil Procedure 4(f) can be tricky, there are clear…
Continue ReadingDistrict Court Applies Securities Fraud Provision to Foreign Transactions
Does § 10(b) of the Securities Exchange Act apply to securities on foreign exchanges? Generally, the answer is no. The Supreme Court held in Morrison v. National Australia Bank (2010) that § 10(b)—the Act’s principal antifraud provision—applies only to transactions on U.S. exchanges and to transactions in unlisted securities that occur in the United States….
Continue ReadingTeaching Conflict of Laws at U.S Law Schools
To kick off 2025, I thought it would be interesting to look at how many top U.S. law schools offer a course in Conflict of Laws. While the topics covered here at TLB overlap with those covered in several traditional law school courses—including Civil Procedure, International Business Transactions, and International Law—significant overlap exists with respect…
Continue ReadingAALS Conflicts Section Panel: Extraterritoriality in Flux
Happy New Year! Those readers attending the AALS Annual Meeting in New Orleans might be interested in attending the panel sponsored by the Conflicts Section on Friday, January 9 at 8:00-9:15. The topic is “Extraterritoriality in Flux” and here is the description: In determining the law applicable in a particular case, a critical step is…
Continue ReadingHappy New Year!
TLB will be on winter break until January 7, 2025. We wish you all the best in the new year!
Continue ReadingAll I Want for Christmas (from the Federal Courts)
Rounding out this week’s posts by John Coyle and Bill Dodge, here’s my wish list for the lower federal courts (plus a bonus plea to the Supreme Court). Stop Violating Rule 4(f) and the Hague Service Convention Rule 4(f) of the Federal Rules of Civil Procedure authorizes service of process on defendants “at a place…
Continue ReadingAll I Want for Christmas (from the Supreme Court)
Following up on John Coyle’s post yesterday, I’ve prepared my own list of things I wish courts in the United States would do differently in transnational litigation. 1. Abandon the U.S.-Conduct Requirement for the Presumption Against Extraterritoriality The Supreme Court uses a presumption against extraterritoriality to determine the geographic scope of federal statutes. There have…
Continue ReadingAll I Want for Christmas (Forum Selection Clause Edition)
As the holidays approach, TLB editors have prepared lists of things that they wish courts in the United States would do differently on the subject of transnational litigation. In this post, I revisit one of my favorite subjects—forum selection clauses—to identify some reforms that would make my Christmas exceptionally merry. 1. Stop Asserting Personal Jurisdiction…
Continue ReadingArbitration Enforcement and Consent
This Term, the Supreme Court will hear a case that could have profound ramifications for international arbitration: CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. The petitioners are seeking to enforce an arbitration award they won against a state-owned company in India. The district court enforced the award, relying on the New York Convention and the…
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