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4 Jan 2016, 8:00 pm by John Ehrett
National Australian Bank, Ltd. governs whether a proposed application of the Alien Tort Statute would be impermis [read post]
12 Dec 2015, 7:19 am by INFORRM
The case, Secretary of State for the Home Department v David Davis MP and others [2015] EWCA Civ 1185, has recently been referred by the Court of Appeal to the Court of Justice of the European Union where the court asks the CJEU to rule on whether the ground-breaking case of Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources & Others, the case which ruled that European data retention laws were incompatible with Articles 7 & 8 of… [read post]
28 Sep 2015, 6:00 am by David Kris
These types of conflicts, of course, are not unprecedented.[23]  For example, U.S. courts for many years have had to determine whether to enforce (via contempt citations) U.S. grand jury subpoenas seeking documents, despite claims by the recipients of those subpoenas that compliance would violate foreign laws, such as bank secrecy laws.[24]  Some decisions have rejected arguments that it is “unfair to require the [recipient of the subpoena] to be put in the position of… [read post]
11 Sep 2015, 2:01 am by Kevin LaCroix
Davis, 989 F.2d 244, 246 (7th Cir. 1993) (holding that defendant could not be convicted of bank fraud where the defendant deposited into an withdrew a fraudulently obtained, but actual IRS refund check from a bank); and United States v. [read post]