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|U.S. Supreme Court Rejects Limits on Post-Judgment Discovery Into Foreign States’ Assets: Supreme Court Holds That Post-Judgment Discovery Into the Overseas Assets of a Foreign State Is Not Barred by the Foreign Sovereign Immunities Act|
Sullivan Cromwell LLP;
June 27, 2014, previously published on June 16, 2014The U.S. Supreme Court held today that the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1602 et seq., does not bar post-judgment discovery into the overseas assets of a foreign state. In Argentina v. NML Capital Ltd., No. 12-842 (June 16, 2014), a divided Court affirmed the Second...
|Conflict Over Proportionate Liability Laws in Australia|
John Emmerig, Michael Legg; Jones Day;
June 24, 2014, previously published on June 2014The judgments in two Full Court decisions of the Federal Court, delivered one week apart, have reached quite different views on an important aspect of the operation of the proportionate liability laws for a number of important federal statutory regimes.
|Rating Agency Liability to Investors Upheld by Australian Federal Court of Appeals|
Steven W. Fleming; Jones Day;
June 24, 2014, previously published on June 2014In a landmark decision, a bench of three judges of the Full Federal Court—which essentially acts as the Federal court of appeal in Australia—has, in ABN AMRO Bank NV v Bathurst Regional Council  FCAFC 65, unanimously upheld a first instance decision which ruled that global ratings...
|The Importance of Borders in a Borderless World: Ontario Court Stays Action for U.S. Transportation Taxes|
Byron Shaw; McCarthy Tétrault LLP;
June 23, 2014, previously published on June 4, 2014In Prince v. ACE Aviation Holdings Inc., the Ontario Court of Appeal stayed a class action based on allegations that Air Canada had improperly collected transportation taxes levied under the U.S. Internal Revenue Code (the “Code”). The Court’s decision highlights the difficulty in...
|Pending Deadlines and Electronic Filing Requirement for Those with Foreign Assets or Accounts|
Alex P. Trostorff; Jones Walker LLP;
June 16, 2014, previously published on June 2014U.S. citizens and resident aliens, including those with dual citizenship who have lived or worked abroad during all or part of 2013, may have a U.S. tax liability and a filing requirement in 2014, with the June 16 filing deadline quickly approaching. In addition, taxpayers with foreign accounts...
|What Trade Facilitation Is and Why It Matters|
Evelyn M. Suarez; Williams Mullen;
June 13, 2014, previously published on June 9, 2014It was big news, at least in international trade circles. The World Trade Organization (“WTO”) finalized a Trade Facilitation Agreement (the “Agreement”) at the 9th Ministerial Conference in Bali, Indonesia, on December 7, 2013. The Agreement was the first WTO trade...
|An Update on Refund Claims for EU Withholding Tax Overpayments|
Dentons Canada LLP;
June 9, 2014, previously published on May 23, 2014In a recently reported Emerging Markets Series of DFA Investment Trust Company case (C -190/12) the European Court of Justice confirmed that investment funds based outside EU should benefit from the free movement of capital rule regarding investments in Europe (see our previous alert, Opportunity...
|MiFID 2 ESMA Issues First Consultation Papers|
Dentons Canada LLP;
June 9, 2014, previously published on May 28, 2014The European Securities and Markets Authority (ESMA) has issued its first consultation papers on implementing the "MiFID 2" package. Although the adopted legislation has not yet been published in the EU Official Journal, ESMA has so much to do it needs to start the process now.
|Public Financing Programs: The French Chronicles|
Stephen D. Kramer; Phillips Nizer LLP;
June 5, 2014, previously published on May 19, 2014I recently read an article by a French export consultant taking the position that smaller French companies seeking to introduce their products to foreign markets should never finance their efforts with their own money, as there are so many public funds available in France to cover the costs. The...
|The Eleventh Circuit Defines "Instrumentality" of a Foreign Government under the Foreign Corrupt Practices Act|
Joanna P. Breslow Boyd, William H. Devaney; Venable LLP;
May 27, 2014, previously published on May 2014On May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld the convictions of Joel Esquenazi and Carlos Rodriguez, former executives for Terra Communications, convicted of paying bribes to officials of Haiti Teleco, Haiti's state-owned telecommunications company. Esquenazi and...