News & Analysis as of

International Litigation

A&O Shearman

Recognition of Aggregate Group’s 2024 English Restructuring Plan Denied in Germany

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In this alert, we consider the recent judgment of the Frankfurt court declining to recognize the effects of the Aggregate group’s 2024 English restructuring plan in respect of certain of its German law-governed debts....more

McGuireWoods LLP

German Company Seeking U.S. Discovery Gets Good News, Bad News and Some Good News: Part II

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Last week’s Privilege Point described a Southern District of New York magistrate judge’s application of the “touch base” privilege test to a German company’s application to conduct discovery of a U.S. private equity company’s...more

Fish & Richardson

Attorney-Client Privilege for Foreign Patent Agents and European Patent Attorneys

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Attorney-client privilege refers to the protection of confidential communications made for the purpose of obtaining or providing legal advice. Application of and exceptions to this privilege are fact-based determinations made...more

Oberheiden P.C.

International Terrorism Lawsuits: What American Victims and Family Members Need to Know

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Bombings and other attacks committed by terrorist organizations can have devastating consequences for victims and their families. While members of terrorist organizations may face criminal prosecution in federal court or...more

McGuireWoods LLP

German Company Seeking U.S. Discovery Gets Good News, Bad News and Some Good News: Part I

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Litigants in overseas proceedings can apply for a U.S. court’s permission to seek discovery in the United States under 28 U.S.C. § 1782. In In re B&C KB Holding GmbH, No. 22-mc-00180 (LAK) (VF), 2025 U.S. Dist. LEXIS 124466...more

Hogan Lovells

How significant for businesses is the International Court of Justice’s 2025 Advisory Opinion on climate change?

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On 23 July 2025, the International Court of Justice (the “ICJ”), the highest judicial body of the United Nations, issued its long anticipated Advisory Opinion on climate change (the “Advisory Opinion”). ...more

Bradley Arant Boult Cummings LLP

Recent 5th Circuit Opinion Demonstrates Usefulness of 28 U.S.C. § 1782 in Foreign Enforcement Proceedings

In Banco Mercantil De Norte, S.A. et al. v. Juan Jose Paramo, the Fifth Circuit recently affirmed a Texas district court’s denial of a motion to quash a 28 U.S.C. § 1782 subpoena issued to Juan Jose Paramo, a Mexican national...more

Paul Hastings LLP

RWE Case Establishes Legal Precedent for Corporate Climate Accountability Worldwide

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A recent ruling by the Higher Regional Court of Hamm dismissed a plaintiff’s individual claim for climate damages but established a legal precedent with significant implications for energy companies operating in Germany:...more

Mayer Brown

Hague Convention on Choice of Court Agreements 2005 Enters Into Force in Bahrain

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The Kingdom of Bahrain is the latest jurisdiction to ratify the Hague Convention on Choice of Court Agreements 2005 ("Hague 2005"), with the treaty coming into force in the Kingdom on 1 July 2025....more

Herbert Smith Freehills Kramer

Contracting Around Section 1782 Discovery? Second Circuit Rules That Forum-selection Clauses May Weigh Against Discovery...

In Banoka S.à.r.l. v. Elliott Management Corp., the Second Circuit recently held that a contractual forum-selection clause may weigh against an application for discovery under 28 U.S.C. § 1782 (Section 1782). 2025 WL 2166397...more

Blake, Cassels & Graydon LLP

SCC Clarifies Contract-Based Jurisdiction in Cross-Border Disputes

In Sinclair v. Venezia Turismo (Sinclair), the Supreme Court of Canada (SCC) clarified when Canadian courts can assume jurisdiction over international or interprovincial disputes. A contract made in a Canadian province and...more

Wilson Sonsini Goodrich & Rosati

Bexson Biomedical Earns Early-Stage Win in CyDex Dispute in Italy’s Court of Rome

In a major early-stage win for firm client Bexson Biomedical, Inc., Italy’s Court of Rome recently dismissed the second of two related legal proceedings brought by CyDex Pharmaceuticals, Inc. arising from a 2019 supply...more

Goldberg Segalla

What in the World?! ICJ Issues Landmark Opinion on Climate Change

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In a unanimous decision on July 23, 2025, the fifteen judges on the United Nations’ International Court of Justice (“ICJ”), also known as the “World Court,” concluded that the production and consumption of fossil fuels “may...more

Mayer Brown

Hague 2019 in force in the UK – Good News for Commercial Parties

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On 1 July 2025, the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague 2019) entered into force in the United Kingdom. Hague 2019 is a multilateral...more

Clark Hill PLC

Colorado Court of Appeals clarifies permissibility of substituted service of process under Hague Service Convention

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The Colorado Court of Appeals recently issued an important ruling in Sebastian Holdings, Inc. v. Johansson that clarifies when courts can authorize substituted service of process for foreign litigation under the Hague Service...more

Latham & Watkins LLP

Hague Judgments Convention 2019 Enters Into Force in the UK

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UK membership will strengthen cross-border enforcement of English court judgments and reinforce London’s position as a key global centre for dispute resolution....more

Fox Rothschild LLP

U.S. Supreme Court Rules Unanimously That Federal Courts Can Exercise Jurisdiction Over the Palestinian Authority in Damages...

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In 2019, Congress enacted the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA), which created jurisdiction over the Palestinian Authority (PA) and Palestine Liberation Organization (PLO) for...more

Kohrman Jackson & Krantz LLP

What If My Child Was Taken Out of the Country Without My Permission? - Part Two

If you are a parent and your child has been taken out of the United States without your consent, you’re probably feeling overwhelmed, frightened, and unsure of what to do next. International parental abduction is an...more

Mayer Brown

US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act in Action to Enforce an Arbitration...

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In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an...more

Dickinson Wright

Navigating Copyright Across Borders: How U.S. Registration Strengthens Global Protection

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In an increasingly interconnected world, authors and rights holders must understand how their copyrights are treated beyond U.S. borders. Despite the global nature of creative content distribution, international copyright law...more

Jenner & Block

Client Alert: FLASH UPDATE - Tariffs' Cancellation Stay by Appellate Court

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On June 10, 2025, in an unusual en banc per curiam order, the US Court of Appeals for the Federal Circuit, which hears appeals from the US Court of International Trade (CIT) stayed the CIT’s order invalidating tariffs issued...more

Jones Day

Related Lawsuits in Separate Countries Reflect Different Approach to Climate Litigation

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Often, climate change lawsuits allege claims under constitutional provisions, human rights laws, or environmental statutes and regulations. Lawsuits filed in separate countries by Energy Transfer ("ET") and Greenpeace...more

Kennedys

Evasive maneuvers: How US courts sidestep the Hague Service Convention and effects on foreign defendants

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Despite recent fluctuations in trade policy in the US, companies engaged in international shipping find US courts are increasingly familiar territory. But when a foreign shipping company is sued in the US, how that company is...more

McDermott Will & Schulte

Bulletin Concurrence XIV - Paris | Janvier ● Février ● Mars ● Avril 2025

1. CONTENTIEUX EPILOGUE DE L’AFFAIRE DES COMPOTES - Par un arrêt en date du 8 janvier 2025, la Cour de cassation a mis un point final à la saga du cartel des compotes en rejetant les pourvois formés contre l’arrêt de la...more

Seyfarth Shaw LLP

Enforcing U.S. Judgments in the Far East: Where to Start?

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You may have a judgment from a United States court against a Chinese company, and are about to contemplate the possibility of enforcing it in the far east. Prior to the commencement of your enforcement journey, perhaps you...more

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