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International: First Labor Complaints Filed through United States-Mexico-Canada Agreement Rapid Response Labor Mechanism

(June 3, 2021) On May 10, 2021, the American Federation of Labor and Congress of Industrialized Organizations (AFL-CIO) and other groups announced that they had filed the first labor complaint under the United States-Mexico-Canada Agreement (USMCA) Facility-Specific Rapid Response Labor Mechanism, alleging that workers at the Tridonex auto parts factory in Matamoros, Mexico, are being […]

Canada: Supreme Court Rules American Indian Tribe Member Has Constitutional Right to Hunt in Ancestral Territory without a License

(May 5, 2021) On April 23, 2021, the Supreme Court of Canada issued an opinion holding that an American citizen who is a member of an American Indian tribe with ancestral connections to an aboriginal group in Canada was not subject to criminal penalties under a British Columbia conservation law for hunting on public land […]

United States: President Biden Signs American Rescue Plan Act into Law to Address Ongoing Issues Related to Coronavirus Pandemic

(Mar. 11, 2021) On March 11, 2021, President Biden signed into law H.R. 1319, a $1.9 trillion supplemental appropriations bill commonly referred to as the American Rescue Plan. Although Congress enacted a number of emergency appropriations measures in response to the coronavirus pandemic throughout 2020, including the CARES Act and the Families First Coronavirus Response […]

United States: Supreme Court Holds Germany Not Liable for Forced Sale of Artifacts by German Jewish Art Dealers during 1930s

(Feb. 16, 2021) On February 3, 2021, the United States Supreme Court delivered a unanimous opinion in Federal Republic of Germany v. Philipp, holding that heirs to Jewish art dealers whose relics were acquired by the German government during Nazi rule are barred from recovery in United States courts under the Foreign Sovereign Immunities Act (FSIA). […]

United States: Appeals Court Rules Property Claims out of Early 20th Century Acts of Genocide Do Not Satisfy Jurisdictional Requirements in Foreign Sovereign Immunities Act

(Feb. 5, 2021) On September 24, 2020, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision dismissing a complaint for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1602 et seq. (Rukoru v. Federal Republic of Germany, No. 19-609 (2d Cir. Sept. 24, […]

United States: President Signs Law to Provide New Economic Stimulus to Address Pandemic Hardships

(Dec. 28, 2020) On December 27, 2020, President Donald Trump signed into law H.R. 133, a consolidated $2.3 trillion appropriations package, including provisions allocating approximately $900 billion for various economic relief programs to address hardships caused by the coronavirus pandemic. This stimulus package is the first large-scale emergency appropriations legislation of this type that the […]

United States: Cayuga Indian Nation Immune from County Tax Foreclosure Action

(Nov. 6, 2020) On October 23, 2020, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision permanently enjoining Seneca County, New York, from foreclosing on the Cayuga Indian Nation’s real property for nonpayment of property taxes on the ground of tribal sovereign immunity. (Cayuga Indian Nation of New York v. […]

International: World Trade Organization Addresses Trade Disputes between Major Trading Powers, Future of Global Trade Governance

(Oct. 19, 2020) In September 2020, at the World Knowledge Forum, an event aimed at “highlighting the importance of knowledge sharing towards a balanced prosperity of the global economy,” Deputy Director-General (DDG) Alan Wolff of the World Trade Organization (WTO) addressed the topics of trade disputes between major trading powers and the future of global […]

United States: Appeals Court Rules Shareholders Not Eligible to Bring Claim under Alien Tort Act When Claim Involves Breach of Fiduciary Duty

(Sept. 14, 2020) The U.S. Court of Appeals for the Second Circuit recently reversed a lower court’s decision to allow an amended complaint in a derivative lawsuit (one allowing shareholders to sue the managers of their company) brought by plaintiff shareholders of Lebanese Canadian Bank (LCB) to support a cause of action (giving a party […]

European Union: Court of Justice Invalidates U.S.-EU Privacy Shield

(Aug. 4, 2020) On July 16, 2020, the Court of Justice of the European Union (CJEU) held that the Privacy Shield Adequacy Decision of the European Commission on personal data transfer from the European Union (EU) to the United States (U.S.) was invalid because the level of data protection in the U.S. was not essentially […]