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With all the America-First hype swirling about the country, it’s never been more important to remind lawyers that things simply don’t work over there the same way they work here.  Global commerce isn’t going away, folks.  Tariffs notwithstanding, we still need goods from abroad to carry on our daily lives, so it’s still critical to understand the ways in which foreign systems operate.  We still have to sell our stuff abroad, or our economy will…
Big in the news of late:  Huawei and the Trump Administration’s ban. From CNN:  US bans Huawei from selling telecom gear and threatens its supply chain CNN again:  With a stroke of his pen, Trump worsens Europe’s Huawei dilemma CNBC: China says any further action against companies like Huawei could escalate tensions The Independent:  Trump declares national emergency ‘over Huawei’ amid accusations he is risking ‘devastating’ conflict with Iran And a cautionary view from the…
I took Civ Pro from a giant. When I say giant, I mean in the figurative sense, because he’s only 5’7″ or so, but this diminutive fellow remains among the most talented and effective teachers I’ve ever had.  He inspired me to wear bow ties, and illustrated the myriad types of joinder with a shopping bag full of beanie babies (I’m not joking).*  I grasped counterclaims and cross claims and third party claims pretty quickly–…
The Trump Administration has fully implemented Title III of the Helms-Burton Act, which allows suits to proceed in U.S. courts against companies that do business in Cuba and profit from the use of property expropriated after the 1959 Communist Revolution.  Earlier this year, I posted the following illustration of how such a suit plays out: An example: let’s say “Autohersteller GmbH“, a fictional German carmaker, wants to develop a parts plant outside Havana, and…
Last summer, service of process in a major case was effected via Twitter.  In Twitter Service Hits the Bigtime, I commented that such service was okay under FRCP 4(f)(3) because the more traditional means were foreclosed to the plaintiffs.  Wikileaks was on the hook, in the eyes of the S.D.N.Y. Yesterday, Wikileaks’ founder, Julian Assange, was arrested in London following Ecuador’s backtrack fro granting him asylum. So, does the DNC now have to try…
“Two things I know to be true:  there is no difference between good flan and bad flan, and there is no war in Albania.” — William H. Macy as “CIA Agent Young” in Wag the Dog A shameless plug there for one of my favorite movies. Not only was Macy the clueless CIA agent dressed down in Wag by Robert de Niro, but he was also clueless Oldsmobile salesman Jerry Lundegaard in another of my…
Last fall, I posted “FSIA Service… it’s really not that difficult” following several very poorly titled articles describing the Trump Administration’s support of a foreign government’s argument in a sovereign immunity case.  Sudan had asserted that service on its Embassy in Washington was not appropriate under the Foreign Sovereign Immunities Act, and the Department of Justice weighed in on Sudan’s side.  The outrage from both left and right irked the hell out of…
I’ve seen a huge spike lately in the number of divorce attorneys calling about serving subpoenas on offshore banks.  The routine story: Spouse A (usually the wife, but not always) has learned that Spouse B (usually the husband, but not always) has tucked a few thousand dollars into some offshore account, usually in one of several countries that are famous for stringent banking secrecy laws.  Switzerland, the Cayman Islands, and the Channel Islands are those…