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Category Archives: Global Tort Choice of Law/Venue Issues

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Going Around Morrison – The Porsche Wars Produce A New Ruling

Posted in Global Tort Choice of Law/Venue Issues
Smart plaintiffs continue to find ways around the Morrison rules on the proper venue for securities claims. The most recent example arises from the Porsche litigation in which hedge funds all hired top notch lawyers to pursue securities claims involving the fiasco with Volkswagen. David Bario covers the story in American Lawyer. One side note.… Continue Reading

Some Big Picture Observations Regarding Extraterritorial Applications of Law as the World Watches the F-Cubed Securities Litigation

Posted in Global Tort Choice of Law/Venue Issues
Time certainly flies. It seems just the other day I was writing this post about the grant of cert in the f-cubed securities litigation on application of US law with respect to fact patterns involving mainly overseas acts, but some US impacts and facts. The main point of that post was to suggest that the 2d Circuit opinion seemed… Continue Reading

Supreme Court Grants Cert in F-Cubed Securities Litigation

Posted in Class Actions/Aggregate Litigation, Constitutional Law/Mass Tort Law, Global Tort Choice of Law/Venue Issues
This post offers a brief comment arising from the now widely reported fact (see, for example, SCOTUSblog and many others) that the U. S. Supreme Court granted certiorari from the 2d Circuit’s opinion in the so-called foreign-cubed (a/k/a f- cubed) Rule 10b-5 securities case titled Morrison, et al., v. National Australia Bank, et al. (08-1191),… Continue Reading

Global Choice of Law Issues for D & O Coverage – Contract Issues

Posted in D + O Issues, Global Tort Choice of Law/Venue Issues
This post at Kevin LaCroix’s D & O Diary covers an interesting new decision from Canada on global choice of law issues arising from D & O policies, and identifies contract clauses that might be changed to obtain better outcomes. Here’s an excerpt: “The November 12 Opinion In his November 12, 2009 decision (here), Justice… Continue Reading

Binding a Successor Corporation to a Forum Selection Clause in International Litigation Related to a Sovereign-Owned Entity

Posted in Global Tort Choice of Law/Venue Issues, Sovereigns
With a hat tip to Mondaq, this article from Proskauer summarizes a recent 2d Circuit ruling holding that forum selection clauses may be enforced against successor entities in the context of an entity 90% owned by the Argentine government. The case arises in the context of business to business litigation, but the same principles presumably… Continue Reading