SDNY

More on the Validity of the PDVSA 2020 Bonds

Governments with no realistic prospect of paying their debts often gamble for redemption, trying desperately to avoid default. Political leaders, with good reason, fear that a debt default will get them thrown out of office. But in trying to hold power, sometimes by borrowing even more, they often make matters worse for the country and…

Continue Reading

The Billion-Dollar Choice-of-Law Question

Choice-of-law rules can be complex, confusing, and difficult to apply. Nevertheless, they are vitally important. The application of choice-of-law rules can turn a winning case into a losing case (and vice versa). A recent decision in the U.S. Court of Appeals for the Second Circuit, Petróleos de Venezuela S.A. v. MUFG Union Bank, N.A., is…

Continue Reading

A Deeply Flawed Personal Jurisdiction Decision in the SDNY

When dealing with forum selection clauses, one of the most important—if unappreciated—distinctions is between inbound and outbound clauses. An inbound clause selects the court where the suit was filed. An outbound clause selects a court that that is not the forum. Another important distinction is the one between exclusive clauses, which stipulate that suit must…

Continue Reading

SDNY Rejects Service by Email on Chinese Companies

In Smart Study Co. v. Acuteye-US, a federal court in the Southern District of New York (Judge Gregory Woods) rejected service by email on Chinese companies in a trademark and copyright infringement case. China and the United States are parties to the Hague Service Convention. The court reasoned that the Convention precludes service by email,…

Continue Reading

Non-Signatories, Forum Selection Clauses, and Personal Jurisdiction in the SDNY

Over the past few decades, U.S. courts have adopted a new legal test that makes it easier to bind individuals to forum selection clauses in contracts they did not sign. This test posits that a non-signatory is bound by a forum selection clause if it is so “closely related” to the signatory that it was “foreseeable”…

Continue Reading

How Do Federal Courts Treat Foreign Parallel Litigation?

The Supreme Court has not explained how federal judges should evaluate parallel litigation in foreign courts. If the same parties are litigating the same issues before a foreign tribunal, should the federal court stay its hand? Or should it proceed until one or the other of the cases results in a judgment? The traditional European…

Continue Reading

Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Matt Hornung

Cornell Law School
Bio | Posts

Jonathan Schaffer-Goddard

Holwell Shuster & Goldberg; 4 Pump Court, London
Bio | Posts

Chimène Keitner

UC Hastings Law
Bio | Posts

David P. Stewart

Georgetown University Law Center
Bio | Posts

Curtis A. Bradley

University of Chicago Law School
Bio | Posts

Benjamin Hayward

Department of Business Law and Taxation, Monash Business School
Bio | Posts

Rajat Lal

Faculty of Law, Monash University
Bio | Posts

David Landau

Florida State University College of Law
Bio | Posts

Katie Burghardt Kramer

DGW Kramer LLP
Bio | Posts

Tanya Monestier

University at Buffalo School of Law
Bio | Posts