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Case of the Day: Kiobel v. Cravath, Swaine & Moore
The case of the day is Kiobel v. Cravath, Swaine & Moore LLP (2d Cir. 2018). You’ll no doubt recall the name Kiobel from Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), the case in which the Supreme Court held that the ordinary presumption against extraterritorial application of US laws applies to……
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Case of the Day: United States v. McLellan
The case of the day is United States v. McLellan (D. Mass. 2018). Ross McLellan was charged with conspiracy, securities fraud, and wire fraud. He sought an order to compel the government to exercise rights under the US/Netherlands MLAT so that he could obtain the testimony of a Dutch citizen for trial. He sought similar……
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Case to Watch: Gubarev v. Buzzfeed
The Trump/Russia scandal now has an international judicial assistance angle. In early 2017, Buzzfeed published the Steele dossier, which contained the following assertions:
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Case of the Day: Midbrook Flowerbulbs Holland v. Holland America Bulb Farms
The case of the day is Midbrook Flowerbulbs Holland B.V. v. Holland America Bulb Farms, Inc. (9th Cir. 2017). Holland America, a Washington corporation, had a business relationship with Midbrook, a Dutch company, under which Holland America purchased flower bulbs from Midbrook. A dispute arose. Midbrook claimed Holland America had failed to pay an invoice;……
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Lago Agrio: Dutch Appeals Court Affirms Denial of Annulment
The Court of Appeals of the Hague has affirmed a lower court decision decision refusing to set aside the interim awards Chevron had won against Ecuador in the investment treaty arbitration. The main questions before the lower court were, first, whether Chevron or Texaco had an “investment” in Ecuador for purposes of the BIT, and,……