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Frederic Borel

Summarizes and translates decisions of the US Supreme Court (and occasionally the California Supreme Court) which may be of interest to Swiss legal professionals.

http://fredericborel.blogspot.ch/

Aug 28
Williams v. Super. Ct., S227228

Williams v. Super. Ct., S227228

Discovery & objections: Class action: Standing: Affirmative defense: Summary judgment: Fishing expeditions:In the absence of privilege, the right to discovery in this state is a broad one, to be construed liberally so that parties may…
Aug 22
P. v. Hopson, S228193

P. v. Hopson, S228193

Sixth Amendment (confrontation right): Fourteenth Amendment: Hearsay: Civil-law mode of criminal procedure: Harmless beyond a reasonable doubt:Defendant R. L. H. was tried on charges that she, along with her boyfriend, J. Thomas, was…
Aug 22
P. v. Valencia, S223825

P. v. Valencia, S223825

Wobblers:Wobblers are a special class of crimes involving conduct that varies widely in its level of seriousness, and may therefore be chargeable or . . . punishable as either a felony or a misdemeanor. (People v. Park (2013) 56 Cal.4th 782,…

Rank this Week: 9

The Poblete DC Dispatches

Features updates on regulatory and public policy matters in Washington, DC in national security, trade, and international law.

http://jasonpoblete.com/

Sep 18
Cuba, Pick a Lane

Cuba, Pick a Lane

Hurricane Irma has reportedly caused extensive damage in the Caribbean, including Cuba. Yet whatever damage Irma may have caused in Cuba, it pales in comparison to what socialism has been inflicting since 1959 on the Cuban people and the…
Sep 16
Unicorns Sightings Increase as Cuba Spins Official Washington

Unicorns Sightings Increase as Cuba Spins Official Washington

Hurricane Irma left a trail of destruction in the Caribbean before it pummeled South Florida. In Cuba, for example, in addition to extensive damage to Cuban military-owned hotels and beach resorts, Cuba’s ministry of intelligence stable…
Sep 13
Venezuela Needs Respect of Individual Rights, Private Property & Rule of Law, Not More Socialism

Venezuela Needs Respect of Individual Rights, Private Property & Rule of Law, Not More Socialism

What an odd headline this morning from the Left’s favorite business newspaper, The Financial Times: “How to save Venezuela from the cost of sanctions“. The problem in #Venezuela, of the Left’s own making, is the…

Rank this Week: 91

Trade Lawyers Blog

Covers border security initiatives, customs duties, economic sanctions, and free trade regulations.

http://www.tradelawyersblog.com/

Apr 3
If You Have Commercial Goods, Do Not Use The NEXUS Line/Lane at Custom

If You Have Commercial Goods, Do Not Use The NEXUS Line/Lane at Custom

Lately, a number of clients have called with incident reports involving either the Canada Border...
Apr 3
If You Have Commercial Goods, Do Not Use The NEXUS Line/Lane at Custom

If You Have Commercial Goods, Do Not Use The NEXUS Line/Lane at Custom

Lately, a number of clients have called with incident reports involving either the Canada Border...
Mar 29
Canada Border Services Agency Has Difficulties With Cross-Border Private Sale

Canada Border Services Agency Has Difficulties With Cross-Border Private Sale

When a Canadian resident purchases goods outside Canada, they must declare the goods when...

Rank this Week: 200

Antitrust Lawyer Blog

Covers antitrust and international trade law. By Doyle, Barlow & Mazard PLLC.

http://www.antitrustlawyerblog.com

Jun 29
FTC Blocks Small Physician Group Deal

FTC Blocks Small Physician Group Deal

On June 22, 2017, the Federal Trade Commission and the Attorney General of North Dakota filed a complaint to block Sanford Health’s proposed acquisition of Mid Dakota Clinic, seeking a temporary restraining order and preliminary…
Jun 20
FTC Protects Daily Fantasy Sports Customers By Challenging The Merger of DraftKings and FanDuel

FTC Protects Daily Fantasy Sports Customers By Challenging The Merger of DraftKings and FanDuel

On June 19, 2017, the Trump Administration’s Federal Trade Commission (“FTC”) authorized the staff to file an antitrust complaint to block the merger of DraftKings and FanDuel, the two largest daily fantasy sports…
Apr 7
EC Approves ChemChina’s Acquisition of Syngenta

EC Approves ChemChina’s Acquisition of Syngenta

On April 5, 2017, the EC approved China National Chemical Corporation’s (“ChemChina”) proposed acquisition of Syngenta AG (“Syngenta). The approval is conditional on the divestiture of significant parts of…

Rank this Week: 213

International Economic Law and…

International Economic Law and Policy Blog

By WorldTradeLaw.net.

http://worldtradelaw.typepad.com/ielpblog/

Sep 21
USTR's NAFTA Chapter 20 Proposal

USTR's NAFTA Chapter 20 Proposal

Recall that at a recent CSIS event, U.S. Trade Representative Robert Lighthizer said this: ... Back when Senator Brock and I were there and there was a system, it was before 1995, before the WTO, under the GATT, and there...
Sep 19
Lighthizer on WTO Dispute Settlement

Lighthizer on WTO Dispute Settlement

This is an excerpt from the Q & A at the Lighthizer CSIS event mentioned in the last post, relating to WTO dispute settlement. I'm just going to quote it for now, but I should have more to say later....
Sep 19
Lighthizer on Trade

Lighthizer on Trade

U.S. Trade Representative Robert Lighthizer spoke at CSIS yesterday. The full transcript is here. I'm going to respond to some of his specific points. Early on, he refers to a growing skepticism about trade: For decades, support for what…

Rank this Week: 417

Scott Lincicome

Covers international trade and public policy.

http://lincicome.blogspot.com/

Jun 9
Debunking the Myriad TPA/TPP Myth

Debunking the Myriad TPA/TPP Myth

A trade policy nerd can only be subjected to blatant protectionist nonsense for so long. So, after months of hearing/reading/seeing myths about Trade Promotion Authority, the Trans-Pacific Partnership and free trade more broadly, I…
Jan 22
Kill the Jones Act; Kill It with Fire; Kill It Now

Kill the Jones Act; Kill It with Fire; Kill It Now

My latest in The Federalist (with help from an anonymous friend in the shipping industry):Lost in the never-ending debate about the KeystoneXL pipeline is great news for anyone who opposes cronyism and supports free markets and lower…
Dec 23
Yes, Of Course We Should End the Cuban Embargo

Yes, Of Course We Should End the Cuban Embargo

My latest at The Federalist:Communist-hating lovers of liberty have offered myriad reasons to oppose the current Cuban embargo (see, for example, here and here), but today I want to focus on the most basic: over the last two decades, the…

Rank this Week: 391

Covers laws which regulates actions or events that transcend national frontiers, including human rights, environmental law, immigration, intellectual property and space law. By Derek Deavenport, John Dermody, Travis Hodgkins and Christine Ngo.

http://transnationallawblog.typepad.com/transnational_law_blog/

Apr 7
The Lure of China and Economic Activism

The Lure of China and Economic Activism

I wonder what do you think about Google’s decision to confront China’s censorship by pulling out of the country entirely despite a potential lost of profit for not doing its business with now the second largest economy in the word? A…
Apr 2
March's Winners and Loser

March's Winners and Loser

We are moving further away from the double dips danger! Last month the US economy added 162,000 jobs- a strong showing of a potentially more sustained recovery for US economy. Payroll gains are largely boosted by private sectors and much less…
Nov 18
Behind President Obama’s Warning of “Double Dip” Danger

Behind President Obama’s Warning of “Double Dip” Danger

Today, in an interview with Fox News in Beijing, President Obama warned that “the US economy could head into a ‘double-dip recession’ unless urgent steps were taken to rein back America’s mounting level of public debt,” reported the…

Rank this Week: 419

ExportLawBlog

Covers the laws governing exports from the United States with an emphasis on export regulations administered by the Bureau of Industry and Security, the Directorate of Defense Trade Controls and the Office of Foreign Assets Control. By Clif Burns, Carolyn

http://www.exportlawblog.com

Sep 19
America’s Worst Spy Sentenced

America’s Worst Spy Sentenced

Yesterday, Gregory Allen Justice, a former Boeing engineer, who tried to sell satellite information to undercover agents he believed were Russian spies, was sentenced to five years in jail. I reported on the case previously here, noting that…
Sep 13
Beware the Smiley Face!

Beware the Smiley Face!

ABOVE: Parisa Mohamadi A recently unsealed criminal complaint alleges that Parisa Mohamadi, an Iranian-born U.S. citizen, was responsible for exports of approximately $3 million of goods from the United States to Iran between 2010 and 2012.…
Sep 11
Florida Imposes Its Own Embargo on Cuba

Florida Imposes Its Own Embargo on Cuba

Last week, before other things got in the way, Florida governor Rick Scott looked in the mirror and suddenly realized that he had been elected by the American voters to run the foreign policy of the United States. So, without further delay,…

Rank this Week: 995

Customs Law

Covers American customs law and international trade law. By Lawrence Friedman.

http://customslaw.blogspot.com/

Sep 18
The Great Bulb Debate

The Great Bulb Debate

Our next case to discuss in The Gerson Company v. United States, which involves the tariff classification of artificial candles in the form of tea lights and candles. These are “artificial” because rather than being consumable…
Sep 18
The Great Unmasking

The Great Unmasking

As we know from my previous post, XYZ is the pseudonym of a company that imports Duracell batteries through channels that are not authorized by Duracell. That makes XYZ a “parallel importer” or “gray market importer.”…
Aug 29
GSP and Set

GSP and Set

Here's a question. Assume pots and pans from Thailand individually qualify for duty-free entry into the United States under the Generalized System of Preferences ("GSP"). That means they have 35% of their value derived from Thai-origin…

Rank this Week: 967

Practical Academic

Covers the developments in arbitration and contract law in India and elsewhere.

http://practicalacademic.blogspot.com

Aug 27
Has Sumitomo Been Overruled by BALCO? A Resounding Yes!

Has Sumitomo Been Overruled by BALCO? A Resounding Yes!

Sumitomo v ONGC (04.12.1997: Supreme Court of India) was a pre-1996 Act case which laid down the law on the law governing challenge to arbitral awards. The case really reflects the debate in international commercial arbitration as to…
Aug 4
Raj TV v Thaicom, Madras High Court & Choice of Law

Raj TV v Thaicom, Madras High Court & Choice of Law

On 14.07.2017, a two-judge Bench of the High Court of Madras passed a judgement in the case of Raj TV v Thaicom (OSA No. 113/2017 & CMP 7665/2017)(MANU/TN/2117/2017). The judgement deals with choice of law in international arbitration and…
Aug 2
NLSIR Announcement

NLSIR Announcement

(NLSIR Announcement is below)The National Law School of India ReviewSubmission GuidelinesAbout NLSIRThe National Law School of India Review (NLSIR) is now accepting submissions for its upcoming issue – Volume 30(1). The NLSIR is the…

Rank this Week: 560

International Commercial Law Blog

Covers international commercial law in the European Union. By M D M Studio Legale.

http://www.internationalcommerciallawblog.com/

Nov 20
The EU Court of Justice sets aside the judgment of the General Court and annuls the EUIPO decision which confirmed registration of the shape of the Rubik’s Cube as an EU trade mark

The EU Court of Justice sets aside the judgment of the General Court and annuls the EUIPO decision which confirmed registration of the shape of the Rubik’s Cube as an EU trade mark

In examining whether registration ought to be refused on the ground that that shape involved a technical solution, EUIPO and the General Court should also have taken into account non-visible functional elements represented by that shape, such…
Nov 19
ICC Court amends its Rules to enhance transparency and efficiency

ICC Court amends its Rules to enhance transparency and efficiency

The International Court of Arbitration of the International Chamber of Commerce (the ICC Court) has announced important amendments to the ICC Rules of Arbitration (the Rules) with the aim of further increasing the efficiency and transparency…
Oct 24
The refusal to recognise hallmarks for precious metals affixed by a Member State assay office infringes EU law

The refusal to recognise hallmarks for precious metals affixed by a Member State assay office infringes EU law

The Commission brought an action before the Court of Justice against the Czech Republic for failure to fulfil obligations, on the ground that the Czech Republic refuses to recognise the hallmarks for precious metals affixed by…

Rank this Week: 625

China-U.S. Trade Law

Covers active trade disputes between China and the United States, as well as this particular trade relationship, and international trade more generally. Also discusses the use of the rule of law to settle their differences. By Baker Hostetler Law Firm.

http://www.chinaustradelawblog.com/

Mar 8
The Trans-Pacific Partnership – Webinar Segment 2

The Trans-Pacific Partnership – Webinar Segment 2

Elliot J. Feldman conducted a webinar for The Knowledge Group on January 8, 2016 on the Trans-Pacific Partnership. Set out below is the essential text of Dr. Feldman’s presentation for segment 2 of that webinar. Dr.…
Feb 29
The Trans-Pacific Partnership – Webinar Segment 1

The Trans-Pacific Partnership – Webinar Segment 1

Elliot J. Feldman conducted a webinar for The Knowledge Group on January 8, 2016 on the Trans-Pacific Partnership. Set out below is the essential text of Dr. Feldman’s presentation for segment 1 of that webinar, slightly…
Jan 15
Non-parallel Tracks: The Divergence Of Trade Remedies From Climate Control 不平行的轨道：贸易补偿和控制气候变化分道扬镳

Non-parallel Tracks: The Divergence Of Trade Remedies From Climate Control 不平行的轨道：贸易补偿和控制气候变化分道扬镳

Editor’s Note: The following article was published in the January 2015 issue of Financier Worldwide Magazine. For its Chinese translation, please click…

Rank this Week: 1029

ChinaLaw Law

Covers business and legal issues affecting China, Latin America and the United States. By Diaz Reus.

http://www.chinalat.com/

Mar 19
Is Latin America ready for a Chinese economic crisis?

Is Latin America ready for a Chinese economic crisis?

The ongoing European debt crisis and the slow recovery in the United States are starting to impact China and Latin America’s economic growth. An inevitable re-balancing of China’s economy will be accompanied by a collapse in commodity…
Mar 14
China’s Surging Influence in Latin American Finance

China’s Surging Influence in Latin American Finance

How will bank subsidiaries in Latin America weather the European and U.S. financial crisis? Moody’s Investors Service recently placed 15 Mexican and Brazilian banks and insurance groups on review for down grade of their short- and long-term…
Nov 11
Maersk Line Invests in Chile | New Factory Announcement

Maersk Line Invests in Chile | New Factory Announcement

The current shortage of refrigerated containers used in the export of Latin American produce, fish and meat will be less acute in 2013 when Maersk Container Industry (MCI) will begin producing “reefers” as they are known in the industry,…

Rank this Week: 889

EU Law Blog

Covers European Union law, including antitrust, conflicts of law, criminal law, environment, free movement, fundamental rights, privacy, product liability, and trade.

http://eulaw.typepad.com/eulawblog/

Mar 19
Patent Court, National Courts and EU Law: Opinion 1/09

Patent Court, National Courts and EU Law: Opinion 1/09

The Court of Justice has handed down a very significant Opinion in Case Opinion 1/09 on the compatibility with EU law of a draft agreement which aims to set up a new European Patent Court system. We’ve written about that before.
Mar 3
Court Statistics for 2010

Court Statistics for 2010

The Court of Justice, the General Court and the Civil Service Tribunal have published a summary of their case statistics for 2010. There's good news and bad news. The good news first: The average time for dealing with cases before the Court…
Dec 28
Cannabis, Coffee Shops, Non-Discrimination and Public Policy: Case C-137/09

Cannabis, Coffee Shops, Non-Discrimination and Public Policy: Case C-137/09

The Court of Justice has handed down an intriguing judgment in Case C-137/09 Marc Michel Josemans v. Burgemeester van Maastricht about the right to restrict the access of non-residents to places called "coffee shops" which sell dope legally…

Rank this Week: 1193

Global Regulatory Enforcement Law…

Global Regulatory Enforcement Law Blog

Covers antitrust, privacy, international trade, and white color criminal defense. By Reed Smith.

http://www.globalregulatoryenforcementlawblog.com

Sep 21
Department of Labor Announces Increase to Minimum Wage for Government Contractor

Department of Labor Announces Increase to Minimum Wage for Government Contractor

Effective January 1, 2018, the minimum wage for federal contractors working on or in connection with contracts covered by Executive Order 13658 will increase to $10.35 per hour. The current minimum wage under Executive Order 13658 is $10.20…
Sep 15
UK Investment Consultants and Fiduciary Management Services Under Investigation

UK Investment Consultants and Fiduciary Management Services Under Investigation

The UK competition regulator, the Competition and Markets Authority (CMA), will be conducting in-depth investigations of investment consultancy and fiduciary management services after the Financial Conduct Authority (FCA) initiated an…
Sep 8
Blockchain-Related Companies Facing Increased Scrutiny from the SEC

Blockchain-Related Companies Facing Increased Scrutiny from the SEC

Digital tokens, which used to be considered an unregulated “wild west”, are now facing Federal and State regulations. Over two weeks, the SEC suspended trading in company securities of three publicly-traded blockchain-related…

Rank this Week: 3619

Great Lakes Customs Law Blog

Covers the intersection of customs law and asset seizures, with a particular focus on reporting on news of U.S. Customs & Border Protection currency seizures from international travelers for failure to report, bulk cash smuggling, or structuring.

http://greatlakescustomslaw.com/blog/

Sep 14
CBP discovers and seizes about $700,000 leaving for Mexico

CBP discovers and seizes about $700,000 leaving for Mexico

Here is a tale of a cash seizure made by CBP in El Paso, Texas, from back in June. I’ve ... The post CBP discovers and seizes about $700,000 leaving for Mexico appeared first on Great Lakes Customs Law.
Aug 23
Customs at Dulles Seizes $29k Hidden in Pant

Customs at Dulles Seizes $29k Hidden in Pant

U.S. Customs is reporting on more cash seizures by its officers at Dulles Airport in Sterling, Virginia. Just last week, ... The post Customs at Dulles Seizes $29k Hidden in Pants appeared first on Great Lakes Customs Law.
Aug 18
Dulles Airport CBP seizes over $77k in cash

Dulles Airport CBP seizes over $77k in cash

CBP at Dulles Airport in Virginia is taking more and more cash from travelers, and is spreading the news far ... The post Dulles Airport CBP seizes over $77k in cash appeared first on Great Lakes Customs Law.

Rank this Week: 1266

International Trade Law Compass

By Fox Rothschild LLP.

https://internationaltrade.foxrothschild.com/

Sep 14
Gray Market Distributor Challenges CBP’s Grant of Protection to Duracell

Gray Market Distributor Challenges CBP’s Grant of Protection to Duracell

In a recent post, we discussed the lawsuit brought by battery behemoth Duracell against a company that it was importing “gray market” versions of its copper-topped products. In that action, Duracell has argued that the warranty…
Sep 8
U.S. Investigation of Steel Flanges from China and India

U.S. Investigation of Steel Flanges from China and India

On Wednesday, the U.S. Department of Commerce began its preliminary phase antidumping and countervailing duty investigations pursuant to the Tariff Act of 1930. The Department of Commerce is looking into whether the imports of…
Aug 25
Second Circuit Limits FCPA Enforcement Tool

Second Circuit Limits FCPA Enforcement Tool

In its recent decision in United States v. Allen, 16-cr-898, the Second Circuit Court of Appeals held that testimony which is compelled pursuant to laws of foreign jurisdictions violates the Fifth Amendment right against self-incrimination…

Rank this Week: 1529

SourcingSpeak

Provides news and analysis of outsourcing, insourcing and beyond. By Pillsbury Winthrop Shaw Pittman LLP.

http://www.sourcingspeak.com/

Aug 14
The FCA Announces The Second Cohort For Its Regulatory Sandbox

The FCA Announces The Second Cohort For Its Regulatory Sandbox

The UK’s Financial Conduct Authority (‘FCA’) has now announced the participants in the second cohort of its regulatory sandbox, with the companies involved offering a range of ideas-based payment services and artificial…
Aug 9
UK Government Publishes Statement on GDPR Compliance, Post-Brexit

UK Government Publishes Statement on GDPR Compliance, Post-Brexit

The UK Government has published a statement of intent containing details of its proposed Data Protection Bill. The full text of the Bill is expected in September 2017, when the UK Parliament returns from its summer break. The Bill will…
Aug 8
Has the Era of the Consumer Class Action Waiver Passed?

Has the Era of the Consumer Class Action Waiver Passed?

Financial Institutions may need to revise consumer contracts to remove class action waivers in preparation for a March 2018 federal rule. On July 19, the U.S. Consumer Financial Protection Bureau, the federal regulator for a sweeping range of…

Rank this Week: 3110

Asset Hunter: Tracking…

Asset Hunter: Tracking International Financial Fraud

Covers the legal ramifications of financial fraud related to multinational corporations, multinational financial institutions, foreign governments, foreign officials and high-profile individuals in sensitive regulatory, civil and international criminal matters. By Michael Diaz, Jr.

http://www.michaeldiazjr.com

Dec 2
Diaz Reus Forms Drone Legal Practice

Diaz Reus Forms Drone Legal Practice

In response to the growing phenomenon of domestic drones and legal/regulatory issues surrounding their use, the Florida-based international law firm of Diaz Reus announces the launch of its Unmanned Aircraft Systems (UAS) practice. Headed by…
Feb 5
Diaz Reus & Targ LLP scored a stunning…

Diaz Reus & Targ LLP scored a stunning victory in the U.S. District Court for the Southern District of New York last week on behalf of the government of Venezuela, obtaining complete and final dismissal with prejudice of a suit brought by…
Sep 25
Bolivia’s Anti-Corruption Colonel, Mario Fabrizio Ormachea, Arrested in Miami FBI Sting | Trial period set for October

Bolivia’s Anti-Corruption Colonel, Mario Fabrizio Ormachea, Arrested in Miami FBI Sting | Trial period set for October

Mario Fabrizio Ormachea, the colonel leading Bolivia’s Anti-Corruption Unit, is being held without bail in Miami, awaiting an October 21 trial period after being arrested in an August 31 Miami FBI sting operation where he attempted to…

Rank this Week: 4313

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