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Recent decisions arising out of the Arcapita bankruptcy case provide useful guidance regarding the minimum contacts required for bankruptcy court jurisdiction as well as when and how to apply international comity and the presumption against extraterritoriality in bankruptcy litigation.
In a recent opinion, United States Bankruptcy Judge Martin Glenn of the Southern District of New York held that Bankruptcy Courts may enter final default judgments against non-US defendants who fail to respond to a properly served summons and complaint.
The US Administration announced that it would be imposing sanctions on the Russian Government under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) over the use of a “Novichok” nerve agent in an attempt to assassinate UK citizen Sergei Skripal.
On July 9, California Governor Jerry Brown signed Assembly Bill 2770 into law, which seeks to protect victims of sexual harassment who complain to their employers from defamation claims by the alleged harasser.
The President issued an Executive Order on August 6, 2018, “Reimposing Certain Sanctions With Respect to Iran” (the New Iran EO), which re-imposes relevant provisions of five Iran sanctions EOs (EOs 13574, 13590, 13622, and 13645).
Soccer stadium
Ever since the US Supreme Court issued its decision striking down the federal ban on state sponsored sports betting in the Professional and Amateur Sports Protection Act this spring, there has been much discussion and speculation on what the decision means for the fantasy sports industry.
Aerial view of water and dock covered in shipping containers
US Trade Representative Robert Lighthizer issued a statement on August 2, 2018, advising that President Trump has directed him to consider raising the previously proposed 10% additional duty to be applied to $200 billion worth of Chinese goods (referred to as the List 3 products) to 25%.
The Ninth Circuit held that a bankruptcy court may not designate claims (i.e. disqualify claims for plan voting purposes) for bad faith under 11 USC § 1126(e)
Abstract image of microscopic molecules
Earlier this week the Court of Justice of the European Union, the EU’s highest court, issued a decision clarifying whether the EU would regulate products of innovative breeding techniques, like gene editing, under the EU’s Directive 2001/18, the principal EU law governing the regulation of GMOs.
Two women talking in an open office
The Third Circuit recently affirmed the enforceability of “anti-assignment” provisions in ERISA health plan documents.
In WesternGeco LLC v. ION Geophysical Corp., the Supreme Court recently held that patent holders can recover lost foreign profits for patent infringement under 35 U.S.C. § 271(f).
On July 24, 2018, the House of Representatives approved 283-132 a bill (H.R. 184, the Protect Medical Innovation Act of 2017) to repeal the excise tax on the sale of a medical device by the manufacturer, producer, or importer.
Following the US Supreme Court’s narrow ruling in Carpenter v. United States, 585 US ___ (2018) questions have arisen regarding whether this interpretation would remain limited or be expanded in future privacy disputes that came before the High Court.
California recently announced policy drawing lines between permitted and prohibited sources of cannabinol in products intended to be eaten.
Most US and multi-national corporations are quick to say, “we don’t do business with North Korea.” However, some companies will recognize the risk of sourcing products from businesses located outside North Korea that may use North Korean overseas workers or subcontract to North Korean companies. The
In March 2016, the US Department of Labor issued its “Persuader Rule,” reversing a decades-old interpretation of the Labor Management Reporting and Disclosure Act : Under the old interpretation, personal interactions with employees done by employer consultants trigger reporting obligations.
Nurses, home health aides, personal care attendants, and other home healthcare providers have enabled countless clients to remain in their homes and avoid institutionalization.
On July 18, 2018, Secretary of Commerce Wilbur Ross announced the initiation of a Section 232 investigation into the impact of uranium imports on America’s national security.
An emerging company often faces a tension with its potential outside investors over its trade secrets. The company wants to protect its trade secrets from competitors, so it often requires its directors — including those representing investors — to sign nondisclosure agreements.
Network engineer check racks at data center
A recent court decision offers an important lesson for companies considering bringing a trade secret claim: before filing suit, companies should ensure that their confidential information — even if it was stolen by the defendant — is actually a trade secret.
Immigration officials have been dramatically increasing inspections in California in 2018 at workplaces ranging in size from small convenience stores to large agricultural operations.
The United States Department of Agriculture and the Food and Drug Administration have recently initiated processes to evaluate and propose revisions to their approaches to the regulation of products of agricultural biotechnology.
On July 11, 2018, the House Energy and Commerce Subcommittee on Communications and Technology held a hearing titled “Protecting Customer Proprietary Network Information in the Internet Age.”
Push Pin Map
Traditionally, the United States has had one of the world’s highest corporate income tax rates.
On May 31, 2018, the FDA announced two new guidances designed to help generic drug manufacturers to obtain access to shared Risk Evaluation and Mitigation Systems programs, thereby promoting competition and access.