Jurisdiction

US appeals court limits extra-territorial application of anti-fraud provisions of US securities laws

A recent decision of the US Court of Appeals for the Second Circuit has refused to impose liability under § 10(b) of the Securities Exchange Act of 1934 on foreign (non-US) defendants for losses incurred by the plaintiffs in securities-based … Continue reading

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Court of Appeal finds foreign subsidiary not domiciled in England under Brussels Regulation

The Court of Appeal has held that the South African subsidiary of an English parent did not have its central administration in England and was therefore not domiciled in England under the Brussels Regulation: Young v Anglo American South Africa … Continue reading

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US: Herbert Smith Freehills obtains important decision for non-US banks which maintain a branch office in New York

In a case of first impression in the New York state courts – Gliklad v. Bank Hapoalim, B.M., No. 155195/2014 (N.Y. Sup. Ct. N.Y. Cnty. Aug. 11, 2014) – the New York Supreme Court has held that maintaining a branch office in … Continue reading

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Court of Appeal upholds award of damages for breach of English jurisdiction agreement

The Court of Appeal has held that it did not infringe EU law to bring a claim for damages for breach of a settlement agreement, and the jurisdiction provisions in that agreement, against a party who had wrongfully commenced proceedings … Continue reading

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High Court considers relevance of Mitchell to late application to challenge jurisdiction

A deputy judge has held that deemed submission to the jurisdiction by failing to challenge jurisdiction on time is not a sanction, so no question of relief from sanction arises on a late application. The Mitchell case is relevant, however, … Continue reading

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Court of Appeal finds proceedings for contempt may be brought against foreign director of corporate party

The Court of Appeal has held that proceedings for civil contempt may be brought against a director of a foreign company which is party to proceedings in England and Wales but has not complied with a court order in those … Continue reading

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Two upcoming webinars: updates on jurisdiction and commercial contracts

Next week we will be delivering two update webinars for Herbert Smith Freehills clients and contacts, covering developments in jurisdiction and commercial contracts respectively. In the jurisdiction update, on Tuesday 3 June Adam Johnson, Anna Pertoldi and Maura McIntosh will look … Continue reading

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US federal appeals court gives extraterritorial application to Racketeer Influence and Corrupt Organization Act (RICO)

In a milestone ruling last week, a Second Circuit panel has revived a massive civil RICO action brought a dozen years ago by the EU and twenty-six of its member states against R.J. Reynolds Tobacco and related entities for their … Continue reading

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Transitory Movement of Funds through New York Banks No Guarantee of Jurisdiction

In a case of interest to foreign parties that routinely use New York’s banking system to facilitate dollar transactions, the New York Court of Appeals has reversed a decision by the Appellate Division that would have foreclosed forum non conveniens … Continue reading

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High Court finds proceedings can be served at English address registered by overseas director under Companies Act 2006

In what appears to be the first case interpreting section 1140 of the Companies Act 2006, a High Court Master has found that service on a director’s English registered address was good service of proceedings, regardless of whether the director … Continue reading

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