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Jurisdiction

DLA Piper

Second Circuit Addresses Interplay Between Foreign Official Immunity and the FSIA

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In Samantar v. Yousuf, the US Supreme Court held that foreign officials, when sued in their individual capacity, are subject to immunity under a similar, but different set of rules that govern lawsuits against foreign states....more

McDermott Will & Emery

Power Play: Pull the Plug on Parallel District Court Litigation, ITC Investigation

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The US Court of Appeals for the First Circuit vacated a preliminary injunction, explaining that the district court should have immediately issued a statutory stay of the proceeding under 28 U.S.C. § 1659(a) because a...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Clarifies Amount in Controversy Requirement in Declaratory Judgment Actions Between Insurers and Their Insureds

Plaintiff’s counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum. One such tactic is to challenge the amount in controversy—a key...more

Jenner & Block

Illinois Supreme Court Rules in Favor of City of Rolling Meadows in Tax Jurisdiction Case

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In a unanimous opinion delivered by Justice O'Brien, the Illinois Supreme Court affirmed that the Illinois Department of Revenue (IDOR) has exclusive jurisdiction over sales tax misallocation disputes between municipalities....more

Fox Rothschild LLP

NC Supreme Court Cleans Up Rules on Dissent-Based Appeals

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For many moons, North Carolina was one of the few jurisdictions in which the losing party at the Court of Appeals could pursue an appeal as of right to the Supreme Court if the party managed to snag a dissenting opinion from...more

Cozen O'Connor

Lack of Insurable Interest Precludes Recovery for Property Damage

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In Ram Krishana Inc. d/b/a Motel 6 Sulphur v. Mt. Hawley Insurance Co. (2025 WL 371016) (S.D.N.Y. 2025)), the United States District Court for the Southern District of New York determined that the plaintiff lacked an...more

Jackson Lewis P.C.

SCOTUS to Consider Emergency Applications to Lift Nationwide Injunctions on EO Ending Birthright Citizenship?

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The Trump Administration urged the U.S. Supreme Court to limit nationwide injunctions blocking enforcement of the executive order (EO) to end birthright citizenship. Following his inauguration on Jan. 20, 2025, President...more

Goldberg Segalla

New Guidance for Defining the ‘Waters of the United States’

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The Environmental Protection Agency announced March 10 it will be revising the definition for the Waters of the United States Rule (WOTUS). In a news release it said, “[t]he agencies will move quickly to ensure that a revised...more

Conyers

Why Set Up a Tokenised Investment Fund with an Approved Manager in the BVI?

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Setting up a tokenized investment fund with an approved manager in the British Virgin Islands (BVI) offers many strategic advantages by combining the innovative benefits of blockchain technology with cost-effectiveness and...more

A&O Shearman

Private damages activity escalates across key jurisdictions

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In the EU, the surge in private damages actions following the transposition of the Private Damages Directive (PDD) at member state level has brought to the fore several novel legal questions, prompting national courts to...more

A&O Shearman

UK Arbitration Act 2025 - an exception for treaties

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One of the most notable reforms is the new default rule that, in the absence of an express agreement between the parties on the law governing the arbitration agreement, it is the law of the seat that applies. The Act states...more

Patterson Belknap Webb & Tyler LLP

All Shimmer and No Shine: Magistrate Judge Willis Recommends Granting Motion to Dismiss for Lack of Personal Jurisdiction and...

Recently, Magistrate Judge Jennifer E. Willis issued a Report and Recommendation recommending that defendant’s motion to dismiss pro se plaintiff Andrew Walker, Jr.’s (“Walker”) Second Amended Complaint be granted for lack of...more

Mayer Brown

Six Months of the Texas Business Court: Looking Back as Court of Appeals Weighs in on Jurisdiction

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Since opening its doors on September 1, 2024, the Texas Business Court has seen 86 cases1 cross the docket of its five active divisions,2 with the scope of the court’s jurisdiction being a common—and hotly contested—issue. In...more

WilmerHale

Year In Review and Developments to Watch in Foreign Sovereign Litigation in U.S. Courts

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In 2024, U.S. courts issued consequential decisions in cases brought against foreign states and their agencies and instrumentalities under the Foreign Sovereign Immunities Act (“FSIA”). This alert summarizes key decisions in...more

Offit Kurman

We Are Going to Trial! How Your Divorce Lawyer Will Prepare You for Court.

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Going to court can be a stressful and emotionally charged experience. Your divorce lawyer will play an important role in preparing you for court, ensuring that you understand the legal proceedings, and helping you present...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in France

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When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the fourth of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

DLA Piper

Chile: Actualización de los Regímenes Fiscales Preferenciales

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El Servicio de Impuestos Internos (SII) publicó la resolución exenta N°30, que contiene la nómina actualizada de territorios o jurisdicciones que poseen un régimen fiscal preferencial, conforme a los criterios de la nueva...more

DLA Piper

Chile Updates its List of Preferential Tax Regimes

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The Chilean Internal Revenue Service (SII) has published its Exempt Resolution N°30, which updated the list of territories or jurisdictions that qualify as preferential tax regimes according to the criteria of the new rule....more

Holland & Knight LLP

Court of Federal Claims Deems Itself "De Facto Forum" for Other Transaction Agreement Protests

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In a decision published on Feb. 24, 2025, Judge Armando Bonilla of the U.S. Court of Federal Claims (COFC or Court) weighed in on the ongoing debate about jurisdiction over protests of other transaction agreements (OTAs). The...more

Dechert LLP

Developments in U.S. Securities Fraud Class Actions Against Non-U.S. Issuers

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In 2024, plaintiffs filed 36 securities class action lawsuits against non-U.S. issuers, up by three from the 33 filings in 2023. Also last year, courts rendered 22 decisions resolving motions to dismiss securities class...more

Kelley Drye & Warren LLP

Kansas Seeks to Stop Ford County From ​“Usurping” its Sovereignty

In January, Ford County, Kansas joined a class action complaint filed in Missouri against eleven plastics manufacturers, seeking to represent ​“all persons or entities” in 35 states who purchased relevant plastics since 1990....more

Vinson & Elkins LLP

Should You Consider Texas as Your Jurisdiction for a U. S. Corporation?

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In the United States, companies can incorporate in any state of their choosing, regardless of where the company is headquartered or operates. The corporate law of the selected state will govern the internal affairs of the...more

Mayer Brown

Arbitration Act 2025 | Part 2: Key Improvements

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The Arbitration Act 2025 is now an official new piece of legislation having received royal assent on 24 February 2025 ("2025 Act"). The new law, which refines and modernises the previous Arbitration Act 1996 ("1996 Act"),...more

Paul Hastings LLP

The Arbitration Act 2025: Refinement Not Revolution

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On 24 February 2025, the Arbitration Act 2025 (the 2025 Act) received Royal Assent. The exact date on which it will come into force is yet to be confirmed, though the U.K. government has stated that it will seek to do so as...more

Troutman Pepper Locke

The Key Reforms to Arbitration Act 2025 Set to Reinforce the UK’s Position as World Leader in Arbitration

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For commercial parties globally, England has long been heralded as a leader for dispute resolution, particularly in arbitration. To maintain its competitive position, in 2022, the Law Commission of England and Wales conducted...more

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