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Jurisdiction Foreign Entities

DarrowEverett LLP

Foreign Entity Qualification Requirements: New York, Florida, and Massachusetts

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For many founders, business formation in Delaware is preferrable regardless of where the business plans to operate. There are many reasons for that, including preferable corporate taxes, business friendly laws and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A New Entity Abroad, Part I - Hiring Employees

One of the primary concerns for an organization that wants to start conducting business in a new country must be the laws of the specific country. Employment regulations vary widely from country to country and may be so...more

Dechert LLP

Finally, An Update on Outbound Investment

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Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more

Eversheds Sutherland (US) LLP

Fifth Circuit requires Chapter 15 debtor to litigate in Texas state court

It may be fair to say that non-US entities involved in a chapter 15 case, the mechanism through which US courts recognize foreign insolvency proceedings, do not anticipate having to litigate claims raised in the chapter 15...more

Wiley Rein LLP

Ninth Circuit Recognizes ‘Catch All’ Jurisdiction Over Foreign-Based Internet IP Infringers

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In a decision that continues a trend of courts recognizing expansive jurisdiction over persons and entities engaging in intellectual property infringement through the internet, the U.S. Court of Appeals for the Ninth Circuit...more

McDermott Will & Emery

Act Now to Comply with the UK Register of Overseas Entities

The Economic Crime (Transparency and Enforcement) Act 2022 (the Act), enacted in March 2022, introduced a Register of Overseas Entities. Under this legislation, overseas entities which own certain interests in United Kingdom...more

Walkers

Bermuda Insights: Trends and Opportunities 2022

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As part of our five year anniversary celebrations of our law firm opening in Bermuda, we put together the original version of this summary report highlighting the latest developments and trends in the Bermuda legal and...more

Eversheds Sutherland (US) LLP

New York joins the roster of states now accepting applications for reciprocal jurisdiction reinsurers

New York has joined the handful of states that are now accepting applications from non-US reinsurers for recognition as a reciprocal jurisdiction reinsurer under new rules that allow US domestic ceding insurers to receive...more

Farrell Fritz, P.C.

Business Divorce Alert: Forum Selection Clauses Do Not Confer Subject Matter Jurisdiction in Foreign Entity Dissolution Cases

Farrell Fritz, P.C. on

As I wrote here, in 2016 the Manhattan-based Appellate Division, First Department decided Raharney Capital LLC v Capital Stack LLC, overruling its own precedent and joining appellate rulings by the other Departments holding...more

Hogan Lovells

Dutch court recognizes cross-border jurisdiction in patent infringement case against Chinese defendant

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In March 2019, Chinese mobile phone manufacturer Xiaomi organized a mobile phone conference in the Netherlands, and it is expected that Xiaomi mobile phones will be listed on the Dutch market shortly after the summer of 2019....more

Nutter McClennen & Fish LLP

Communications were Insufficient Contacts to Exercise Personal Jurisdiction Over Out-of-State Auditors

In B. Bullen et al. v. CohnReznick LLP, investors in a defunct hedge fund sued CohnReznick, the outside auditor and accountant of the fund. The investors claimed, among other things, that CohnReznick had conspired with the...more

ArentFox Schiff

CFIUS 2.0: Investment Funds and Other Stakeholders Await Full, Revamped Regulations

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In August of last year, President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), a sweeping overhaul of the operations and jurisdiction of the Committee on Foreign Investment in...more

BCLP

Supreme Court affirms in Vedanta a general principles path to hear Zambian environmental claims

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The case of Vedanta Resources plc and Konkola Copper Mines plc v Lungowe and others has received a lot of attention in recent years.  In essence, 1,826 Zambian citizens are suing Konkola Copper Mines plc (a public company...more

Dorsey & Whitney LLP

OFAC Issues Sanctions Guidance and the Concept of Culture Gains Traction (With Chinese Translation)

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On May 2, 2019, the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”)—the U.S. agency tasked with administering and enforcing the U.S.’s economic and trade sanctions programs—published A Framework for...more

BCLP

Employers’ Most Frequently Asked Questions About the California Consumer Privacy Act – Series 2- Jurisdiction, Question 1

BCLP on

In this Series 2 of our FAQs regarding the California Consumer Privacy Act (“CCPA”), we are examining the scope of the law’s jurisdiction. These FAQs should help employers determine if they are required to comply with the...more

Orrick, Herrington & Sutcliffe LLP

[Webinar] How Foreign Companies with U.S. Subs Can Win Dismissals from U.S. Litigation: Underused Defenses Based on...

Non-U.S. companies are routinely sued in the U.S. over disputes principally or exclusively involving their U.S. subsidiaries. In many instances, these non-U.S. companies should not even have their cases litigated in U.S....more

Allen Matkins

Court Lacks Authority To Order Buyout Of Foreign Entities

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When one partner or members seeks the dissolution of a California limited partnership or limited liability company, the other partners or members may keep the LP or LLC alive by purchasing, for cash, the interests owned by...more

Polsinelli

Digital Assets and the Long-Arm of the Law

Polsinelli on

A recent ruling from a federal district judge in the Southern District of New York, involving a trademark dispute between a digital asset offering and web-titan Alibaba, has caused heads throughout the FinTech world to turn. ...more

Farrell Fritz, P.C.

Top 10 Business Divorce Cases of 2016

Farrell Fritz, P.C. on

I’m pleased to present my 9th annual list of this past year’s ten most significant business divorce cases. The list includes important appellate rulings by the First and Second Departments on dissolution of foreign business...more

Allen Matkins

What Law Governs A Foreign General Partnership?

Allen Matkins on

The California Uniform Partnership Act of 1994 defines a “partnership” to mean “an association of two or more persons to carry on as coowners a business for profit formed under [Cal. Corp. Code] Section 16202, predecessor...more

Blake, Cassels & Graydon LLP

The Long Arm of the Law is Not That Long: Court Declines Jurisdiction over Document Production by Foreign Non-Party

In Lockwood Financial Ltd. v. China Blue Chemical Ltd., the British Columbia Supreme Court (BCSC) ruled that it does not have the territorial jurisdiction to order a foreign company to give documentary evidence in a...more

Carlton Fields

NAIC Approves Seven Foreign Countries As Qualified Jurisdictions For Reinsurance Collateral Reduction Requirements And Announces...

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At its December 11, 2014 meeting, the National Association of Insurance Commissioners (NAIC) approved seven foreign countries as Qualified Jurisdictions so that reinsurers licensed and domiciled in those jurisdictions will be...more

Bilzin Sumberg

Editorial: For Fla. Courts, Forum Selection Clause May Not Be Enough

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You represent a Brazilian corporation that is entering into a joint venture with a Colombian concern. The joint venture relates to the development of a multimillion dollar wind farm in northeastern Brazil. Originally...more

Foley & Lardner LLP

Back to School: 7th Circuit Issues Two Decisions on International Diversity Jurisdiction

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Putting together all the Seventh Circuit’s decisions from the last few decades on subject-matter jurisdiction would yield an impressive textbook on the subject. The court (and Judge Easterbook, in particular) has adhered...more

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