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In the Courts
Supreme Court Limits the Ability of Victims of Extraterritorial Rights Violations to Sue in Federal Courts
On April 17, 2013, the United States Supreme Court unanimously affirmed the decision of the Second Circuit in Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2nd Cir. 2010). Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013). The Court held that the presumption against the extraterritorial application of U.S. law applies to claims under the Alien Tort Statute (ATS), and that nothing in the text, history, or purposes of the statute rebuts that presumption. Id. at 1659. The ATS allows aliens to bring tort actions for violations of customary international law including war crimes and crimes against humanity.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.