New Article on the Public Policy Exception to Choice of Law
In every private international law system, the forum state reserves the right to reject the application of a foreign rule that deeply offends the forum’s fundamental sense of justice and fairness. In...
View ArticleForum Selection Clauses in California
In 2024, more than 1.2 million civil lawsuits were filed in California. While most of these suits were between U.S. residents, some of them grew out of international contracts. Some of these...
View Article$29.8 Million Judgment in First-Ever Helms-Burton Jury Trial
A Cuban-American plaintiff has won a major jury verdict in the Southern District of Florida against four corporate defendants associated with Expedia Group. The case involves an island off the coast of...
View ArticleWhen Is a Securities Transaction “Domestic” Under Morrison?
In Morrison v. National Australia Bank (2010), the Supreme Court held that § 10(b) of the Securities Exchange Act applies only to “transactions in securities listed on domestic exchanges, and domestic...
View ArticleFederal Court Issues Worldwide Anti-Enforcement Injunction
Last month, Judge Edward Davila (Northern District of California) granted a motion by Google for a rare type of equitable relief: a worldwide anti-enforcement injunction. In Google v. Nao Tsargrad...
View ArticleDismissal for Forum Non, With Two Alternative Fora?
The Fourth Circuit recently considered whether dismissal for forum non conveniens is appropriate if the case would have to be bifurcated and heard in two separate courts in the country that provides an...
View ArticleNinth Circuit Addresses Common Law Immunity from Criminal Prosecution
Two years ago, in Turkiye Halk Bankasi A.S. v. United States (Halkbank) (2023), the U.S. Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal proceedings and...
View ArticleDemystifying Borrowing Statutes
A borrowing statute is a law directing the courts in one jurisdiction to “borrow” the shorter statute of limitations of another jurisdiction. Borrowing statutes are common in the United...
View ArticleThe Impossibility of Schrödinger Service
In quantum physics, a system can exist in two states at the same time. When the system is observed, it settles into one of those states. The physicist Erwin Schrödinger found this notion somewhat...
View ArticleCVSG in Wye Oak v. Republic of Iraq: Is it Time to Resolve the FSIA “Direct...
On April 28, 2025, the Supreme Court called for the views of the Solicitor General (colloquially a “CVSG”) in Wye Oak Tech., Inc. v. Republic of Iraq. This is the latest chapter in a decades-long...
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