Ninth Circuit Validates a Theory of Extraterritorial Antitrust Regulation in Global Price-Fixing Case
It is not easy for the foreign victims of global price-fixing schemes to assert viable claims under U.S. antitrust law, even when the conspiracy in question also affects U.S. markets. In a recent case, though, the Ninth Circuit vacated an order of summary judgment against the foreign purchasers of price-fixed goods, concluding that they had…
Continue ReadingExtraterritoriality in Flux
Earlier this month, at the annual meeting of the Association of American Law Schools, TLB Editors Maggie Gardner, Bill Dodge, and Hannah Buxbaum participated in a panel organized by the Section on Conflicts of Law entitled “Extraterritoriality in Flux.” This post summarizes their remarks. Maggie Gardner: It’s Time to Look Beyond the Presumption Against Extraterritoriality…
Continue ReadingFifth Circuit Interprets Copyright Termination and Renewal Provisions to Apply Worldwide
In recent years, the U.S. Supreme Court has relied increasingly on the presumption against extraterritoriality to determine the geographic scope of federal statutes. This presumption seems particularly strong for intellectual property statutes. Most recently, the Court strictly applied the presumption against extraterritoriality to the Lanham Act (the federal trademark statute) in Abitron Austria GmbH v….
Continue ReadingChina’s Covid Countersuit
As the Covid pandemic raged in 2020, plaintiffs began filing suits in U.S. courts seeking damages from the People’s Republic of China and other Chinese defendants. In March 2025, a U.S. district court awarded the State of Missouri a default judgment for $24 billion against nine Chinese defendants. In November 2025, another district court awarded…
Continue ReadingA Primer on Antisuit Injunctions
The antisuit injunction, which blocks a party from initiating or pursuing litigation in a foreign court, is a powerful tool in the judicial arsenal. Courts issue these injunctions, under appropriate circumstances, to prevent the development of parallel proceedings. They can also be used to prevent a party from taking action in a foreign forum intended…
Continue ReadingIdiosyncratic Approaches to Enforcing Choice-of-Law Clauses
On December 16, 2025, the Sixth Circuit decided Andujar v. Hub Group Trucking, Inc. The issue presented was whether the Tennessee Supreme Court had adopted Section 187 of the Restatement (Second) of Conflict of Laws as the test for determining whether a choice-of-law clause should be given effect as a matter of Tennessee common law….
Continue ReadingSupreme Court Grants Cert in Cisco
On Friday, the Supreme Court granted cert in Cisco Systems, Inc. v. Doe I to address two questions: (1) whether claims for aiding and abetting human rights violations can be brought under the Alien Tort Statute (ATS); and (2) whether such claims can be brought under the Torture Victim Protection Act (TVPA). I have discussed…
Continue ReadingSecond Circuit Holds Hague Service Convention Prohibits Email Service on Chinese Defendants
On December 18, 2025, just as TLB was going on holiday break, the Second Circuit issued its decision in Smart Study Co. v. Shenzhenshixindajixieyouxiangongsi, holding that the Hague Service Convention prohibits email service on Chinese defendants. As friend-of-TLB Ted Folkman wrote shortly thereafter, “This is the one we’ve been waiting for.” The question of email…
Continue ReadingDim Sum Bonds, Panda Bonds, and Dispute Resolution
China’s push to internationalize the renminbi (RMB, or yuan) since 2008 has led to the growing share of RMB-denominated bonds in the international bond market. So-called “panda bonds” and “dim sum bonds” are variants of RMB-denominated bonds. Panda bonds are onshore RMB debt issued in China by entities domiciled outside mainland China. Overseas issuers use…
Continue ReadingThe Most-Viewed TLB Posts of 2025
To celebrate the end of another year at TLB, I wanted to highlight the posts that received the most views in 2025. A Primer on Choice-of-Law Clauses A Primer on Choice of Law Choice-of-Law Methodologies: Updating the List Throwback Thursday: The Tate Letter and Foreign Sovereign Immunity The $24 Billion Judgment Against China in Missouri’s…
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