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In an unanimous decision, the Supreme Court has gutted the Second Circuit’s rule on deference to a foreign government’s interpretations of its law, holding that a federal court determining foreign law under Federal Rule of Civil Procedure 44.1 should accord “respectful consideration” to a foreign government’s submission, but a court “is not bound to accord conclusive effect” to these statements. The case is Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., which began…
In an increasingly interconnected world, businesses that conduct cross-border transactions will continue to navigate complicated and thorny legal regimes. As long as full compatibility between these regimes is unrealized, the doctrine of international comity will remain alive and well in U.S. litigation. Comity is a choice-of-law principle that concerns the extent “to which the law of one nation, as put in force within its territory, whether by executive order, by legislative act, or by judicial…
On November 5 – 14, President Trump made his first official visit to Asia, with stops in Japan, South Korea, China, Vietnam, and the Philippines. As part of his tour, President Trump attended international summits including the Asia-Pacific Economic Cooperation (APEC) forum, the Association of Southeast Asian Nations (ASEAN) meeting, and the East Asia Summit (EAS). The two-week trip was one of the longest presidential visits to Asia in recent history. Although deemed “tremendously successful”…