TRACE Blog

Fri, 08 Mar 2013 11:43:00 -0400

Trace blog is the anti-bribery compliance blog of Trace International, an anti-bribery membership organization offering practical tools and services.

III St. Petersburg International Legal Forum will take place in St. Petersburg, Russia on May 15-18, 2013

Wed, 13 Feb 2013 08:54:00 -0400

St. Petersburg International Legal Forum is an annual event that has taken place since 2011. It has already become one of the largest international debate platforms for legal experts. Representatives of almost all legal areas of specialization and legal systems as well as business and government representatives attended the Forum in 2011 and 2012. They were joined by an international group of economists to discuss a wide range of legal and business issues.

The number of guests tripled in 2012. The business agenda of the conference has been considerably extended up to 40 discussions sessions during two days. The Forum agenda includes a wide set of topics

Symposium: China Institute of International Antitrust and Investment, March 21-22, Beijing China

Fri, 08 Feb 2013 15:09:00 -0400

The China Institute of International Antitrust and Investment (CIIAI) was established in March 2012 by the China University of Political Science and Law, each of which is based in Beijing, with the goals of promoting due process and transparency in antitrust proceedings, as well as the adoption of "best practices" where it is reasonable to do so. The CIIAI seeks to achieve these objectives by encouraging open, intellectual debate between antitrust regulators, private practitioners, and scholars.

The CIIAI is proud to announce that its inaugural symposium will take place on 21-22 March 2013 at the Friendship Hotel in Beijing. The emphasis of this symposium is on Chinese antitrust law and, specifically, what

Israël, la Palestine et la Cour pénale internationale

thomas.stadnik@lexisnexis.com (Thomas J.R. Stadnik, Esq.) — Fri, 18 Jan 2013 08:53:00 -0400

Israël, la Palestine et la Cour pénale internationale

Par John M. B. Balouziyeh, Esq.

1. Introduction

Palestinian Statehood under International Law

An Analysis and Discussion by John M. B. Balouyizeh, Esq.

1.

We Still Don't Punish Contractors for Slavery on U.S. Bases

Samir.goswami@gmail.com (Samir Goswami) — Thu, 13 Dec 2012 17:20:00 -0400

By Samir Goswami

U.S. military bases overseas rely on contracted migrant labor for things like food services and laundry-a system that has long imperiled the rights of foreign workers serving the very missions that claim to promote freedom. Though President Obama this year pledged to crack down on the practice, last week Congress decided that companies providing forced labor for government contracts should not be held criminally liable for exploitation.

Photo by

New Edition of Littler Mendelson’s Guide to International Employment and Labor Law

dougesten.lnc@gmail.com (LexisNexis Community Staff) — Thu, 25 Oct 2012 12:14:00 -0400

The Littler Mendelson Guide to International Employment and Labor Law, Third Edition includes country-by-country analyses written by top

Brazil Supreme Court Upholds Clean Record (Electoral Qualification) Law Based on “Voice of the People”

direitocomparado2@uol.com.br (Joao Carlos Souto) — Sun, 26 Aug 2012 14:18:00 -0400

In June, 2010, Brazil enacted the “Lei da Ficha Limpa” or “Clean Record Law” which aimed to prevent candidates who had a criminal record or a record of misconduct from running for political office in Federal, State or Municipal spheres.1

Pursuant to the "Clean Record Law", any politician convicted by a judicial or an administrative court will be disqualified as a potential candidate for political office for any level of government for a period of eight consecutive years. The law applies to candidates even if a conviction is pending a decision by a

II St. Petersburg International Legal Forum will take place in St. Petersburg, Russia on May 16-19, 2012

Thu, 02 Aug 2012 00:01:00 -0400

II St. Petersburg International Legal Forum will take place in St. Petersburg, Russia on May 16-19, 2012 .

St. Petersburg International Legal Forum, organized by the Ministry of Justice of the Russian Federation, the Supreme Commercial Court of the Russian Federation and the "State Hermitage" Federal Cultural Institution under the auspices of the President of the Russian Federation, is a new platform for dialogue of politicians, lawyers and world leading experts in the spheres of law, economics and international relations.

The

Michelle Brané To Receive 11th Annual Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law

Tue, 22 May 2012 14:31:00 -0400

Michelle BranéStephen M. McNabb, Marsha Z. Gerber, Stefan Reisinger and Mary Beth Balhoff

On November 21, 2011, the United States announced three measures designed to enhance sanctions on Iran. The President issued an Executive Order authorizing the Secretary of State to impose sanctions on foreign parties that provide goods, services, technology or support of certain value to Iran's energy or petrochemical sectors; the Secretary of the Treasury designated Iran as a jurisdiction of "primary money laundering concern" under Section 311 of the U.S. Patriot Act; and Treasury's

OFAC Significantly Eases Existing Restrictions on Transactions With South Sudan

FulbrightandJaworski@placeholder.com (Fulbright and Jaworski L.L.P. ) — Wed, 14 Dec 2011 19:33:00 -0400

Fulbright Alert
Stephen M. McNabb, Marsha Z. Gerber, Stefan Reisinger and Fatema Merchant

On December 8, 2011, the U.S. Department of Treasury, Office of Foreign Assets Control ("OFAC") issued a final rule[1] that amended the Sudanese Sanctions Regulations ("SSR") by creating two new general licenses that significantly ease remaining restrictions on transactions with the newly independent Republic of South Sudan ("South Sudan"), including with its oil and gas industry.[2] The new general licenses (31 C.F.R. §§ 538.536 and 538.537), which are effective

Iran Sanctions Update: European Union Imposes Further Restrictive Measures Against Iran, With More to Follow

FulbrightandJaworski@placeholder.com (Fulbright and Jaworski L.L.P. ) — Wed, 14 Dec 2011 19:05:00 -0400

Fulbright Briefing
Lista M. Cannon, David M. Harris and Nicola Kelly

In further developments since our briefing of 28 November 2011,[1] the Council of the European Union has decided that a further 143 entities and 37 individuals will be subject to restrictive measures concerning Iran. The decision follows the Foreign Affairs Council meeting in Brussels on 1 December 2011.

To give effect to the latest round of sanctions the Council has adopted EU Regulation No. 1245/2011, which provides that a total of 180 entities and individuals will be subject to a freeze on their assets and economic resources in the EU. The entities and individuals will also be subject to a travel ban on

U.K. Ban on Transactions with Iranian Banks

FulbrightandJaworski@placeholder.com (Fulbright and Jaworski L.L.P. ) — Wed, 14 Dec 2011 18:42:00 -0400

Fulbright Briefing
By Lista M. Cannon, David M. Harris and Nicola Kelly

In the latest wave of sanctions targeting Iran, the U.K. has taken steps independently of the UN Security Council and EU regulations to cut off all ties with Iranian banks. The new sanctions apply to all persons operating in the U.K. financial sector and place an additional compliance burden in an area that already requires stringent policies and procedures. The U.K. financial and credit institutions engaged in business in the region should monitor the developments closely. Further restrictive measures appear likely as the situation in Iran remains uncertain.

The rationale for the new restrictive measures

Claim Alleging Derivative Possession of Good Allegedly “Taken” in Violation of International Law Still Precluded by FSIA

OneWorld@placeholder.com (Cadwalader OneWorld International Practice) — Wed, 14 Dec 2011 15:00:00 -0400

by Louis M. Solomon

We discuss briefly the final installment (in the District Court) of the attempt to recover possession of a Van Gogh drawing allegedly sold away from the plaintiff's great-grandmother "under duress during the Nazi era in Germany for fraction of its fair value", Orkin v. The Swiss Confederation, 09 Civ. 10013 (S.D.N.Y. Mar. 2011) (LAK). An earlier dismissal in the case is discussed

By Louis M. Solomon

Hammerstein v. The Federal Republic of Germany, 09-CV-443 (ARR)(RLM) (E.D.N.Y. Aug. 2011) [enhanced version available to lexis.com subscribers], dismisses for want of subject matter jurisdiction claims asserted against Germany. Plaintiff fought over the right to own the

Waiver of Privilege and Crime Fraud Exception at Play in International Litigation over Ecuadorian Judgment against Chevron

OneWorld@placeholder.com (Cadwalader OneWorld International Practice) — Mon, 21 Nov 2011 13:43:00 -0400

By Louis M. Solomon

The most recent installment in the U.S. proceedings in which Chevron is trying to avoid the $8 billion judgment entered against it in an Ecuadorian court (which we have posted on many times) takes the form of a decision by a Magistrate Judge in the Southern District of New York on Chevrons claims of waiver of privilege relating to the written communications of various of the plaintiffs' lawyers. Chevron Corp. v. Salazar, et al., 11

9th Circuit Denies Rehearing in Bauman v. DaimlerChrysler

OneWorld@placeholder.com (Cadwalader OneWorld International Practice) — Mon, 21 Nov 2011 10:35:00 -0400

Finding Personal Jurisdiction by Imputation and Watering Down "Agency" Test for Finding Jurisdiction, Say 8th Circuit Judges Who Would Grant Rehearing En Banc

By Louis M. Solomon

Bauman, et al. v. DaimlerChrysler, et al., No. 07-15386 (9th Cir. 18 May 2011) [enhanced

European Commission Press Release: New rules for more efficient, resilient and transparent financial markets in Europe

david.gibbs@uea.ac.uk (David Gibbs) — Mon, 14 Nov 2011 10:32:00 -0400

The European Commission has recently published a press release announcing plans to revise the Markets in Financial Instruments Directive (MiFID) in the form of a Directive and a Regulation.

The aim is to ensure all trading venues have to "play by the same transparency rules and that conflicts of interest are mitigated". The reforms also aim to provide better access to capital markets for Small and Medium Sized Enterprises (SMEs) by creating a specific label for SME Markets that meet their needs.

There is also mention of taking in to account technological advances that have drastically increased the speed of trading that causes

Court Appoints Neutral Expert On Choice of Law Issues But Rejects Public International Law Concepts’ Applicability To Private Claims

OneWorld@placeholder.com (Cadwalader OneWorld International Practice) — Fri, 11 Nov 2011 12:23:00 -0400

By Louis M. Solomon

A recent decision, Pallano v. AES Corp., C.A. No. 9C-11-021 JRJ (Del. Super. Ct. July 2011) [enhanced version available to lexis.com subscribers /

By Louis M. Solomon

We have followed the development of federal Circuit law on whether the Alien Tort Statute, 28 U.S.C. § 1350, and specifically the Torture Victim Protection Act, 28 U.S.C. § 1350 note § 2(a), create rights of action against corporations. The Supreme Court has agreed to decide the issue. The issue presents a growing and important part of international litigation and dispute resolution, including whether and to what extent

Combination of Arbitration and Non-U.S. Choice of Law Provisions Contrary To Public Policy; Defendant Permitted To Stipulate to U.S. Law to Compel Arbitration

Mon, 07 Nov 2011 12:29:00 -0400

Non-U.S. Judgment Enforced in U.S.

OneWorld@placeholder.com (Cadwalader OneWorld International Practice) — Fri, 04 Nov 2011 22:15:00 -0400

Challenges Even Based on Fraud Need To Be Asserted in the Country Issuing the Original Judgment; U.S. Court Declines "Interjudicial Conference" of Having the Judges From the Two Countries Talk

By Louis M. Solomon

Tettamanti, et al. v. Opcion Sociedad Anonima, No. 3D11-333 (3d Dist. Ct App. Fla. July 2011

Choice of Law Determines Arbitrability; “Clear and Unmistakable” Standard Adopted; “Arising Under” Deemed a Narrow Arbitration Clause

Wed, 02 Nov 2011 13:17:00 -0400

Choice of Non-U.S. Law Informs Damages Models and Amounts in FSIA Case Against Iran

OneWorld@placeholder.com (Cadwalader OneWorld International Practice) — Wed, 02 Nov 2011 09:52:00 -0400

By Louis M. Solomon

Oveissi v. Islamic Republic of Iran, et al., 03-cv-1197 (RCL) (D.D.C. Mar. 2011) [enhanced version available to lexis.com subscribers

International & Foreign Law Community Blogs

TRACE Blog

III St. Petersburg International Legal Forum will take place in St. Petersburg, Russia on May 15-18, 2013

Symposium: China Institute of International Antitrust and Investment, March 21-22, Beijing China

Israël, la Palestine et la Cour pénale internationale

1. Introduction

1.

We Still Don't Punish Contractors for Slavery on U.S. Bases

By Samir Goswami

New Edition of Littler Mendelson’s Guide to International Employment and Labor Law

Brazil Supreme Court Upholds Clean Record (Electoral Qualification) Law Based on “Voice of the People”

II St. Petersburg International Legal Forum will take place in St. Petersburg, Russia on May 16-19, 2012

Michelle Brané To Receive 11th Annual Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law

OFAC Significantly Eases Existing Restrictions on Transactions With South Sudan

Iran Sanctions Update: European Union Imposes Further Restrictive Measures Against Iran, With More to Follow

U.K. Ban on Transactions with Iranian Banks

Claim Alleging Derivative Possession of Good Allegedly “Taken” in Violation of International Law Still Precluded by FSIA

Waiver of Privilege and Crime Fraud Exception at Play in International Litigation over Ecuadorian Judgment against Chevron

9th Circuit Denies Rehearing in Bauman v. DaimlerChrysler

European Commission Press Release: New rules for more efficient, resilient and transparent financial markets in Europe

Court Appoints Neutral Expert On Choice of Law Issues But Rejects Public International Law Concepts’ Applicability To Private Claims

Combination of Arbitration and Non-U.S. Choice of Law Provisions Contrary To Public Policy; Defendant Permitted To Stipulate to U.S. Law to Compel Arbitration

Non-U.S. Judgment Enforced in U.S.

Choice of Law Determines Arbitrability; “Clear and Unmistakable” Standard Adopted; “Arising Under” Deemed a Narrow Arbitration Clause

Choice of Non-U.S. Law Informs Damages Models and Amounts in FSIA Case Against Iran