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Browse the articles in this issue.

• EVIDENCE
  Highest court of Australia, agreeing with privilege law of United Kingdom, Canada, United States and European Union, holds, as matter of first impression, that its Trade Practices Act does not authorize competition agency to compel production of documents covered by solicitor-client privilege
• FOREIGN CORRUPT PRACTICES ACT
  In lawsuit alleging that lawyer had erred in advising U.S. company that it could lawfully send bribe to Panamanian official through its European affiliate, Second Circuit reverses and remands holding that the U.S. company’s prior plea of guilty to Foreign Corrupt Practices Act violations does not collaterally estop company from litigating its claim that it did not know that any degree of involvement in bribe might entail liability
• JURISDICTION (CRIMINAL)
  Alaska Court of Appeals upholds dismissal for lack of State’s jurisdiction over prosecution for unlawful sexual conduct allegedly committed on state-owned ferry operating in Canadian territorial waters
• SOVEREIGN IMMUNITY
  U.S. Supreme Court rules that Foreign Sovereign Immunities Act does not regard subsidiaries of state-owned corporations as “instrumentalities of foreign state” and that instrumentality status need only exist at time of filing suit
• SOVEREIGN IMMUNITY
  In advance-fee scam allegedly involving Nigerian government, Tenth Circuit dismisses on sovereign immunity grounds despite plaintiff’s reliance on FSIA’s “commercial activity” exception because Nigeria proved that none of its government representatives were involved
• SOVEREIGN IMMUNITY
  In pro se action against Libya by alleged victim of hostage-taking and torture, D.C. Circuit holds that harshness of confinement did not amount to torture, and that plaintiff’s offer to arbitrate was timely under FSIA but remands to give plaintiff chance to amend complaint to state valid hostage-taking claim
• TERRORISM
  After entering default judgments against Afghanistan, the Taliban, Osama bin Laden, Iraq and Saddam Hussein” U.S. District Court for the Southern District of New York awards damages to victims of September 11, 2001, terrorist attacks based on “evidence satisfactory to the court”
• WORLD TRADE ORGANIZATION
  In U.S.-EU dispute over whether U.S. Foreign Sales Corporations (FSCs) and similar arrangements constitute improper subsidies, World Trade Organization permits EU to suspend tariff concessions and to impose additional duties on U.S. products adding up to $4 billions as sanctions against U.S. unless it repeals FSC Repeal and Extraterritorial Income Exclusion Act of 2000 (ETI Act)