NYC Event on Enforcement of Foreign Arbitral Awards
An upcoming panel addresses personal jurisdiction, forum non conveniens, immunity, and the enforcement of foreign arbitral awards. It will be held in New York City as part of the 20th Annual Fordham Conference on International Arbitration and Mediation. Details: November 21, 2025 9:30 – 11:00 a.m. | Award Enforcement and Personal Jurisdiction in the United…
Continue ReadingNinth Circuit Reverses Personal Jurisdiction Decision in Lufthansa Case
Last year, I expressed doubt over the Northern District of California’s dismissal for lack of personal jurisdiction of a suit brought by California residents regarding their alleged mistreatment when checking in for their Lufthansa flight in Saudi Arabia. The Ninth Circuit recently reversed that decision in Doe v. Deutsche Lufthansa Aktiengesellschaft, holding that that the…
Continue ReadingNYC Event on Enforcement of Foreign Arbitral Awards
An upcoming panel addresses personal jurisdiction, forum non conveniens, immunity, and the enforcement of foreign arbitral awards. It will be held in New York City as part of the 20th Annual Fordham Conference on International Arbitration and Mediation. Details: November 21, 2025 9:30 – 11:00 a.m. | Award Enforcement and Personal Jurisdiction in the United…
Continue ReadingExtraterritorial Application of State RICO Statutes
Over the past decade, the U.S. Supreme Court has twice addressed the extraterritorial application of the federal RICO statute. In RJR Nabisco, Inc. v. European Community (2016), the Court held that RICO’s criminal provisions apply extraterritorially to the same extent as the predicate acts on which RICO charges are based, whereas RICO’s civil cause of…
Continue ReadingChoice of Law in Shareholder Derivative Litigation
U.S.-based investors hold trillions of dollars in equity of foreign companies. In the event of corporate wrongdoing, those investors may want to initiate shareholder derivative litigation in the United States against the managers of those corporations. This form of litigation is brought on behalf of the corporation itself rather than as a direct action. Derivative…
Continue ReadingRecognizing Foreign Judgments
When cocktail party conversations turn to foreign judgments—as they often do—it is common to hear people speak of “recognizing and enforcing” such judgments. This is unsurprising because the typical case involves both recognition and enforcement of a foreign judgment. In some cases, however, a U.S. court may be called upon to recognize a judgment but…
Continue ReadingOral Arguments Over Trump’s Tariffs
On November 5, 2025, the Supreme Court heard oral argument in Learning Resources, Inc. v. Trump to determine whether the International Emergency Economic Powers Act (IEEPA) permits President Trump to impose sweeping emergency tariffs. Although it is not clear when the Court will rule, there is pressure to reach a decision soon because the longer…
Continue ReadingA Helpful Decision on Serving Defendants in China
We have covered extensively on TLB the challenge of serving defendants located in China in accordance with Federal Rule of Civil Procedure 4 and U.S. treaty obligations under the Hague Service Convention. In a recent decision, the District of Massachusetts (Judge F. Dennis Saylor IV) provided a thoughtful analysis of these issues—citing along the way…
Continue ReadingDoes China Have to Pay Qing Dynasty Bonds?
China’s last imperial dynasty, the Qing, fell in 1912. But some bondholders have not given up trying to collect on bonds issued as long ago as 1898. The latest attempt claims that the People’s Republic of China (PRC) violated priority clauses in these old bonds when it issued dollar-denominated bonds in 2020 and 2021, some…
Continue ReadingPig-Butchering, Crypto, and Preliminary Injunctions
The US government just announced its largest forfeiture action ever, seeking $15B in Bitcoin from defendants in Cambodia who allegedly swindled victims in the United States and around the world. The indictment alleges a form of fraud known as “pig-butchering,” one of several kinds of crypto-related fraud beginning to generate significant transnational civil litigation in…
Continue Reading