Governor Newsom Signs Holocaust Art Bill
Yesterday, California Governor Gavin Newsom signed AB 2867 into law. The bill provides that California law applies in suits brought by a California resident involving the theft of art or other personal property during the Holocaust or other political persecutions. Assemblymember Jesse Gabriel introduced AB 2867 in response to the Ninth Circuit’s decision earlier this…
Continue ReadingReciprocity and the Hague Judgments Convention
In a prior post, I reported on recent developments that offer a basis for (cautious) optimism that the United States may soon take the necessary steps to ratify the Hague Judgments Convention (HJC). In this post, I explore how the issue of reciprocity might affect the ratification process. Reciprocity Reciprocity refers to the mutual recognition…
Continue ReadingNinth Circuit Denies Rehearing in Doe v. Cisco Systems
On September 3, 2024, the Ninth Circuit denied rehearing en banc in Doe v. Cisco Systems. The panel had held that Chinese practitioners of Falun Gong could sue Cisco, a U.S. company, for aiding and abetting human rights violations by building a surveillance system for the People’s Republic of China. Judge Patrick Bumatay (joined by…
Continue ReadingThe U.S. Takes the Fight Against Bribery to Foreign Officials—Take Two
Last December, Congress quietly enacted a landmark law—the Foreign Extortion Prevention Act (FEPA)—which threatens foreign officials with jail time if they solicit or take bribes from American companies, foreign companies listed on exchanges in the United States, or any person present in the United States. On July 30, 2024, Congress discreetly amended the statute… before…
Continue ReadingWestern Seizure of Russian Central Bank Assets Risks Sparking Global Pushback
As fighting between Russia and Ukraine continues to drag on, Kiev’s backers are taking steps to confiscate Russian central bank assets frozen in the West. Whether it is legislators advocating for such a move, governments exploring potential mechanisms or authorizing leaders to seize assets belonging to the Russian Federation, momentum is building. Doing so may…
Continue ReadingEighth Circuit Rejects Recovery of Attorney Fees under the CISG
Few questions on the interpretation of the CISG have been as contested on the international level as the potential recovery of attorney fees as damages for breach of contract. Courts in the United States have historically held that attorney fees are not recoverable under Article 74. That consensus was challenged last year when a federal…
Continue ReadingUsing TLB to Teach Conflict of Laws (2024 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…
Continue ReadingUsing TLB to Teach Civil Procedure (2024 Update)
If you are teaching civil procedure this fall, TLB can help. This post gathers materials that can complement a standard civil procedure course, whether by providing concise overviews of doctrines, helping to track Supreme Court developments, or suggesting recent cases that can spark discussions of perennial procedural issues. Personal Jurisdiction TLB has a new primer…
Continue ReadingThe Small Potatoes Problem with New York Forum Selection Clauses
New York has long sought to attract cases to its courts—and to generate business for New York lawyers—by enforcing New York forum selection clauses when they appear in commercial contracts worth at least $1 million that are governed by New York law. This policy is codified in New York General Obligations Law 5-1402. What happens,…
Continue ReadingHow (Not) to Decide Whether a Foreign Judgment Is Preclusive
Foreign judgments are generally entitled to recognition in the United States. Beneath that simple statement, however, lie many complexities. When lawyers and judges do not understand those complexities, they are likely to go astray. That seems to be what happened in Wash v. Finch, a recent federal decision in the District of New Jersey. This…
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