Using TLB to Teach Transnational Litigation (2026 update)
One of TLB’s goals is to compile a set of educational resources for students and teachers. For the past couple of weeks we’ve been publishing updated guides on using TLB to teach different classes (all of which are available at our Teaching Resources page). This post focuses on, well, everything! It describes how teachers of…
Continue ReadingW.D. Texas Asserts the Exclusivity of U.S. Jurisdiction in Patent Cases
Patent disputes often create jurisdictional conflict. A lot of attention recently has been focused on complex and policy-laden litigation involving standard essential patents, but garden-variety infringement claims can lead to challenges too. A federal court in Texas recently issued an anti-suit injunction blocking parallel litigation in China in such a claim. Its order asserted that…
Continue ReadingEletson v. Levona: SDNY Vacates Arbitral Award but Declines to Issue Anti-Enforcement Injunction
An arbitral award that has been vacated by a court at the seat of arbitration can almost never be enforced in other states. But the authority to determine post-vacatur enforceability rests with courts in states where enforcement is sought, not with the vacating court. In a cogent and well-reasoned opinion issued last week, Judge Lewis…
Continue ReadingGreenpeace Anti-SLAPP Suit Blocked by International Antisuit Injunction
In 2019, Energy Transfer, the developer of the Dakota Access Pipeline, sued Greenpeace International, a Dutch foundation, in North Dakota state court. Last year, Greenpeace responded with an anti-SLAPP (Strategic Litigation Against Public Participation) lawsuit against Energy Transfer in Dutch court. In the latest twist in this lengthy dispute, the North Dakota Supreme Court issued…
Continue ReadingDifferential Targeting of the Forum in Jurisdictional Analysis
The doctrine of “effects” jurisdiction permits a court to exercise personal jurisdiction over a non-resident defendant when the defendant’s activity outside the forum causes harm within it. It is frequently used in e-commerce cases in which a defendant’s website is accessed by consumers nationwide (or indeed globally). One of the elements necessary to establish jurisdiction…
Continue ReadingSDNY Certifies Class in Major Crypto Case
The Southern District of New York recently certified a class action involving allegations of market manipulation in the cryptocurrency sector. Judge Katherine Polk Failla’s certification order addresses one of the key challenges in this type of litigation: the intersection between limits on the extraterritorial application of U.S. regulatory law and the requirements for class certification…
Continue ReadingHappy Birthday to TLB!
On March 28, 2022, Transnational Litigation Blog went live. Our very first post, titled Why Transnational Litigation?, listed the many reasons why we thought the world needed a blog devoted to the topic of transnational litigation. While it is unlikely that this post will ever achieve a status akin to the very first sketch on…
Continue ReadingPersonal Jurisdiction in Federal Antitrust Litigation Post-Fuld: In re Diisocyanates Litigation
Last year, in Fuld v. Palestine Liberation Organization, the Supreme Court held that the due process limits of personal jurisdiction under the Fifth Amendment differ from those under the Fourteenth. As Maggie Gardner has noted, the Court didn’t say much about what those limits might be—meaning that the lower federal courts will now take on…
Continue ReadingEnterprise-Wide Contracts as a Basis for Personal Jurisdiction Over Foreign Parent Companies
A couple of weeks ago, I wrote about a case in which certain enterprise-wide contracts executed by a (U.S.) corporate plaintiff figured in the analysis of legislative jurisdiction. Today, I want to focus on VMware LLC v. Siemens AG, a case in which certain enterprise-wide contracts executed by a (foreign) corporate defendant figure in the…
Continue ReadingNew Article on the Determination and Treatment of Foreign Law in U.S. Courts
Professor Chris Whytock, who is an Associate Reporter for the ALI’s Restatement (Third) of Conflict of Laws, has just posted an article on SSRN outlining the Restatement’s approach to determining the content and meaning of foreign law. As he notes, this is a perennial challenge in transnational as well as multistate litigation. Like choice-of-law rules,…
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