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Case of the Day: SEC v. China Intelligent Lighting and Electronics
The case of the day is SEC v. China Intelligent Lighting and Electronics (S.D.N.Y. 2014). The Securities and Exchange Commission sued Xuemei Li, the president and CEO of China Intelligent Lighting and Electronics, and Tianfu Li, the chairman and CEO of NIVS IntelliMedia Technology Group, Inc., for securities fraud. Both resided in China. The SEC……
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Case of the Day: AQ Asset Management v. Levine
In the case of the day, AQ Asset Management LLC v. Levine (N.Y. Sup. Ct. 2014), a Swiss national who had sued US defendants in the New York state courts found that he could not avoid the reach of a New York subpoena in a related case brought by the same US parties. In 2008,……
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Case of the Day: Samsung Electronic Co. v. Early Bird Savings
The case of the day is Samsung Electronic Co. v. Early Bird Savings (S.D. Cal. 2014). It raises an issue we haven’t seen in a while, namely, whether a temporary restraining order can be extended beyond the ordinarily permissible time to allow for service of process abroad.
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Lago Agrio: Standing to Seek an Injunction under RICO
Here is some news that partisans of the Lago Agrio plaintiffs have gleefully passed along to me. The Courthouse News Service is reporting that lawyers with Gibson Dunn, Chevron’s law firm, will be arguing, in an unrelated case in the Second Circuit that will be heard tomorrow, that private parties lack standing to seek injunctive……
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Lago Agrio: Chevron on Standing
Chevron has filed its opposition to Steven Donziger’s motion to dismiss for lack of subject-matter jurisdiction. It’s a creditable brief—it lacks the pizzaz of the Donziger brief covered in the prior post, but it’s well done. Let’s focus on what Chevron says about the harm it is seeking to remedy.