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Case of the Day: Finjan v. Zscaler
The case of the day is Finjan, Inc. v. Zscaler, Inc. (N.D. Cal. 2019). It’s from early in 2019, but I missed it when it was issued. The case was a patent dispute. Finjan, a computer security company, sought the production of emails from Tim Warner, a British citizen living in the UK. The emails……
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Peter Bert on Damages for Violations of Choice of Court Agreements in Germany
Friend of Letters Blogatory Peter Bert brings us a report of a very recent case from the Bundesgerichtshof on the question of damages for violations of a choice of court agreement. Peter has cross-posted this on his blog, Dispute Resolution in Germany. In a judgment last week, the Federal Supreme Court (Bundesgerichtshof) has found a……
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Case of the Day: Vischer AG v. Apollo Enterprise Solutions
The case of the day is Vischer AG v. Apollo Enterprise Solutions, Inc. (Cal. Ct. App. 2019). Vischler, a Swiss firm, had obtained a judgment for $160,000 for breach of contract against Apollo in the Commercial Court in Zurich. Vischer sought recognition in California and asserted that the Swiss judgment entitled it to damages in……
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Cert. Watch: Merlini v. Canada
The First Circuit, in a 3-3 vote, has denied Canada’s petition for a rehearing en banc in Merlini v. Canada, the FSIA case I’ve written about before in which I’m representing the plaintiff. I last wrote about the case in June 2019, when I reported on the First Circuit decision in Merlini’s favor. To recap,……
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Case of the Day: G2A v. United States
The case of the day is G2A.com Sp. z.o.o. v. United States (3d Cir. 2019). I previously wrote about the case in September 2018. The Polish authorities were conducting a tax investigation of G2a, a Polish video game company. The Polish government made a request under the US/Poland tax treaty for help obtaining evidence from……