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New ABA Formal Opinion on Blogging
The ABA Standing Committee on Ethics and Professional Responsibility has just issued a new formal opinion on Confidentiality Obligations for Lawyer Blogging and Other Public Commentary. The gist is that a law blogger cannot reveal information relating to a representation, including information contained in public records, unless an exception to the ordinary rule of confidentiality……
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Case of the Day: Rubin v. Iran
The case of the day is Rubin v. Islamic Republic of Iran (S. Ct. 2018). The case arose out of a 1997 suicide bombing in Jerusalem, carried out by Hamas. The plaintiffs were US citizens who were wounded in the attack or who were relatives of the injured. They sued Iran in the District Court……
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Lago Agrio: Court Holds Donziger Liable For More Than $800,000 In Costs
One of the worst things about losing a civil action is that your victorious opponent can seek to recover its costs. Talk about being kicked when you’re down! In the United States, unlike in many other jurisdictions, “costs” do not include attorney’s fees. In general, each side bears its own lawyer’s fees. But you can……
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Case of the Day: Inversiones Papaluchi v. Superior Court
The case of the day is Inversiones Papaluchi S.A.S. v. Superior Court (Cal. Ct. App. 2018). The case arose out of helicopter accident in Colombia in 2011. The defendants brought a cross-complaint against Inversiones Papaluchi, a Colombian entity. Colombia is a party to the Hague Service Convention and has not objected to service by postal……
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Sovereign Immunity of Foreign Central Bank Assets
Professor Ingrid Wuerth introduces her new paper on the sovereign immunity of foreign central bank assets in today’s post. I agree with Professor Wuerth about the risk of a loss the US faces before the International Court of Justice, and I would only add the following observation: even in the age when our hegemony was……