Browse the archives

Browse the articles in this issue.

• ARBITRATION
  District of Columbia Circuit holds that, if Country where arbitration award was made lawfully nullifies it, this makes award unenforceable in the U.S. under the Federal Arbitration Act or New York Arbitration Convention
• COPYRIGHTS
  In action under Australian Copyright Act, High Court rules that model of “sportboat” designed by Plaintiff and marketed in United States and elsewhere did not constitute “work of artistic craftsmanship” under Act but mainly involved naval engineering skill
• FOREIGN ASSET SEIZURE
  In case of U.S.’s seizure of funds from interbank account held by Jordanian bank because forfeited checks had been deposited into accounts in Jordan, First Circuit finds that owners of forfeited deposits own interbank account funds to extent that, at time of seizure, bank owed any obligations to forfeited deposit owners
• SOVEREIGN IMMUNITY
  Ninth Circuit decides that Plaintiff may not attach default judgment against third party Iran had obtained in California federal court as unblocked asset under TRIA or under Foreign Sovereign Immunities Act where judgment assets had gone into Iranian treasury and where assets not used for commercial activity in United States; repatriation into a ministry’s budget does not constitute commercial activity
• EXPORT CONTROLS
  In case of foreign government seeking to bring breach of contract suit against U.S. Contractor under third party beneficiary theory pursuant to Foreign Military Sales (FMS) agreement under Arms Export Control Act, Fourth Circuit holds that, unlike Direct Commercial Sales (DCS) process, FMS method of procurement does not place foreign buyer in privity with manufacturer
• PATENTS
  Where Plaintiff operator of London Futures Exchange employed Defendant in position involving innovation, English Court of Appeal, Civil Division, holds that, under English patent statute, Plaintiff owned Defendant’s inventions dealing with electronic trading of various forms of futures contracts so that Defendant was unable to obtain U.S. patents on his system
• TREATIES
  In case of alleged whistleblower discrimination by Japanese employer doing business in United States, Ninth Circuit finds that U.S.–Japan Treaty of Friendship, Commerce and Navigation does not preempt state employment laws, unless latter conflict with limited Treaty right to discriminate in favor of hiring Japanese citizens