Background Much of the litigation arising from transnational discovery disputes involves the choice between ordering discovery under local (federal or state) procedural rules and under the Hague ...

A U.S. gas company has sued four Russian defendants in the Southern District of New York for seizing helium containers that the gas company had sent to Russia pursuant to a helium supply contract. One ...

In Salisbury v. Costco Wholesale Corp., plaintiffs brought a class action in the U.S. District Court for the Western District of Washington alleging that Costco sold, as “100% agave,” tequilas that ...

Editors’ Note: This post is cross-published at Just Security. In April, I wrote that Nicolás Maduro was likely to argue that he is immune from prosecution for cocaine importation, weapons possession, ...

Following up on an earlier post, the agenda for the Third Conflict of Laws Annual Workshop (CLAW3) is now available here. TLB ...

There is one sentence in Fuld v. PLO (2025) that has always bothered me: that “The Constitution confers upon the Federal Government—and it alone—both nationwide and extraterritorial authority.” This ...

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Arthur Ashe Stadium by Wally Gobetz, CC BY-NC-ND 2.0 Many professional athletes compete at the international level, and some have accused the governing bodies of various sports of unlawfully ...

Many professional athletes compete at the international level, and some have accused the governing bodies of various sports of unlawfully restricting global competition for their services. When ...

The immunity of states from the jurisdiction of foreign domestic courts is a long-standing and mostly uncontroversial principle of customary international law. The International Court of Justice has ...

In July 2022, I authored a blog post about a Ferrari F50 that was sitting in a U.S. Customs and Border Patrol warehouse in upstate New York while a federal court tried to sort out who owned it. I ...

The task of deciding whether a forum selection clause should be given effect can be burdensome. A federal court must evaluate whether the clause is valid. It must interpret the clause to determine ...