Curriculum Guide · Courses

Professor James Gresser

LL.M Course 734 (cross-listed) | 2 credit hours

Increasingly, practicing lawyers find themselves planning transactions or litigating cases involving foreign parties or events in other countries. This course examines some of the unique legal issues raised when such inter-jurisdictional situations arise in U.S. courts, with a particular emphasis on the international law dimensions. Among other things, we will study personal jurisdiction over foreigners; applicable law; forum non conveniens and other forum selection issues; the service of process outside the United States, including service by letters rogatory and the Hague Service Convention; the discovery of evidence located outside the United States, including direct discovery under U.S. rules and evidence taking under the Hague Evidence Convention; the Act of State doctrine; foreign sovereign immunity; the extraterritorial application of U.S. laws, including the antitrust and securities laws; and the enforcement of foreign judgments and international arbitration awards. The objective of the course is to familiarize students with the special procedural and substantive issues that arise in international cases.

Students may not receive credit for both this course and International Business Litigation in US Courts; the J.D. course, International Civil Litigation; and Cross Border International Litigation and Conflicts of Law (formerly International Conflict of Laws).