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Case of the Day: In re Petition of Macquarie Bank
The case of the day is In re Petition for Judicial Assistance of Macquarie Bank, Ltd. (D. Nev. 2015). Macquarie, an Australian bank, had lent $11 million to Juno Holdings, B.V., a Netherlands Antilles company, in anticipation of an IPO by Juno’s indirect subsidiary, Liberty Financial Pty Ltd. Juno did not repay the loan, and……
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Case of the Day: Mees v. Buiter
The case of the day is Mees v. Buiter (2d Cir. 2015). This is the second significant appellate decision on § 1782 in a matter of days—I covered the new Posco case last week. Willem H. Buiter had made accusations against Heleen Mees that had led to her being arrested and charged with misdemeanors for……
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Case of the Day: Stichting Shell Pensionenfonds v. Krys
The case of the day is Stichting Shell Pensionenfonds v. Krys [2014] UKPC 41. Shell, a Dutch pension fund, had invested in shares of Fairfield Sentry Ltd., a BVI mutual fund and the largest “feeder fund” for Bernard L. Madoff Investment Securities LLC, which needs no introduction. After Madoff’s arrest, Shell immediately sought to redeem……
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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 BV v. Holland America Bulb Farms, Inc. (W.D. Wash. 2014). Midbrook was a Dutch company that sold flower bulbs to Holland America. When a dispute arose, the parties stopped doing business in May 2000, and Midbrook later claimed that Holland Farms had failed to pay it……
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Case of the Day: Republic of Ecuador v. Chevron Corp.
The case of the day is Republic of Ecuador v. Chevron Corp. (Hoge Raad 2014). The Dutch Supreme Court affirmed the BIT arbitral award against Ecuador, which arose out of Chevron’s claim that it had suffered damages on account of undue delay in the settlement of lawsuits TexPet (of which Chevron was a shareholder) had……