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2004 International Law Update, Volume 10, Number 11 (November)
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Browse the articles in this issue.
- BANKRUPTCY
In transnational bankruptcy proceeding, Eighth Circuit upholds auxiliary jurisdiction of Nebraska bankruptcy court to issue injunctions in aid of liquidation proceeding at corporation’s domicile in Cayman Islands
- CONSUMER PROTECTION
German Federal High Court holds that, under German consumer protection laws and policies, buyers from online auctions such as “eBay” have qualified right to annul unsatisfactory online purchases from commercial vendors
- EVIDENCE (ATTORNEY-CLIENT PRIVILEGE)
In further segment of massive suit brought by United States against tobacco industry, English Court of Appeal (Civil Division) rules that English defendant did not voluntarily waive attorney-client privilege by agreeing to Minnesota Consent Judgment which provided that Minnesota court had discretion to order public disclosure of its documents from court’s depository since defendant had objected before Minnesota trial and appellate courts
- JUDICIAL ASSISTANCE (TRANSNATIONAL SERVICE OF PROCESS)
The Ninth Circuit rules that neither the Hague Service Convention nor U.S. Rules of Civil Procedure authorized service of process upon English resident by ordinary first class international mail
- SOVEREIGN IMMUNITY
After remand from U.S. Supreme Court, Second Circuit invokes FSIA and dismisses action against French state-owned railroad company for transporting French civilians to Nazi camps during World War II although, at time of wrongful acts, railway was privately owned
- TRADEMARKS
In EC 234 referral from Finnish Supreme Court in trademark litigation between Anheuser-Busch and Czech brewers, European Court of Justice advises that TRIPS Agreement applies to case, that a trade name may constitute “sign” under EU Directive and amounts to intellectual property under TRIPS
- TRANSPORTATION SECURITY
U.S. and EU agree to update efforts to cooperate in container security by arrangements to improve surveillance of containerized cargo such as by information exchange networks, by setting minimum security requirements for participating European seaports, and by identifying best ways to prevent terrorist attacks
- WORLD TRADE ORGANIZATION
In complaint brought by Antigua and Barbuda, World Trade Organization panel rules that effects of U. S.’s Wire Act, Travel Act and Illegal Gambling Business Act that ban certain kinds of gambling services over Internet and “remote access” gambling are inconsistent with General Agreement on Trade in Services (GATS) as applied to complainants
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