June 27, 2016

Six questions regarding Brexit

Brexit: What now? Citizens of the United Kingdom shocked the world last Thursday when they voted to leave the European Union. Overnight, global markets tanked, London lost its place as the financial gateway to the EU, and international trade treaties were thrown into doubt. Now, legal and financial experts all…

April 15, 2016

SCOTUS on Tyson Foods: A sea change in class action litigation, or much ado about nothing?

Case: Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, 2016 WL 1092414 (U.S. Mar. 22, 2016) The U.S. Supreme Court has declined to place further limits on representative evidence admissible in class action cases or to address the issue of whether class action plaintiffs must demonstrate that uninjured class members will not receive…

April 15, 2016

Changes to the Federal Rules of Civil Procedure

Late last year, significant changes to the Federal Rules of Civil Procedure inserted a new consideration for courts when deciding the proper scope of discovery. Gone is the familiar test of “reasonably calculated to lead to the discovery of admissible evidence.” In its place is a requirement of proportionality “to…

March 24, 2016

Investor state dispute settlement and the $50 billion case

On July 18, 2014, an arbitral tribunal sitting in The Hague ordered the Russian Federation to pay shareholders of the defunct oil company Yukos an unprecedented sum of damages — $50 billion, plus $60 million in legal fees and costs. One year later, after Russia had made no move…