Global Litigation (2404): German owned VW admits that it included a "defeat device" in the software for its diesel cars so they could fraudulently pass US environmental tests, and is sued by thousands of US consumers in state and federal courts in the US. Very quickly, the cases are consolidated in the federal court in Northern California. Meanwhile, special purpose foundations are established in the Netherlands to seek a settlement with VW on behalf of European consumers under the Dutch collective settlement act, and a securities lawsuit on behalf of investors whose share values have dropped dramatically is filed in Germany, using that country's special group litigation procedure. The Dutch foundations may be coordinating their actions with US lawyers, the shareholders in Germany are represented by the local partners of a leading US-based litigation boutique, and the shareholder suit is funded by a UK-based international litigation financing firm. In 2019, a jury in E.D. Va. delivers a verdict holding a former Somali army commander now living in the U.S. liable under the Torture Victim Protection Act for compensatory and punitive damages to a Somali citizen he injured 30 years ago. The plaintiff is represented by the Center for Justice & Accountability in San Francisco and DLA Piper lawyers serving pro bono; the witnesses include public and private actors from different countries. In 2011, US-based Apple sues Korea-based Samsung for patent infringement in N.D. CA and Samsung counter-sues in Korea, Japan and Germany. A year later more than 50 lawsuits are ongoing in more than 10 countries. Two years later the companies agree to drop their litigation outside the US and focus their resources on their US litigation battle. Apple wins a big judgment in the federal court in San Jose but Samsung appeals all the way up to the U.S. Supreme Court. SCOTUS rejects the appeal and remands and in Spring 2018 the case is on the calendar for the third time in San Jose. Philip Morris' Hong Kong subsidiary files a claim in an international arbitration tribunal charging that Australia's public health protection statute regarding tobacco marketing violates Australia's bi-lateral investment treaty with Hong Kong. The arbitration claim is filed after the parent company unsuccessfully challenged Australia's statute before the High Court. In December 2015 the arbitration tribunal rules that it does not have jurisdiction over Philip Morris' claim effectively dismissing it. But controversy over Philip Morris' and other multi-national corporations' attempts to use investment arbitration to challenge diverse health, safety and environmental protection regulations derails international trade negotiations and leads to efforts to establish an international court for investment disputes. To date, hundreds of climate change lawsuits have been filed in U.S. courts and other jurisdictions against governments and corporations. In many instances, the litigation is driven by NGOs and private lawyers working together across national boundaries, sharing information and strategies. These high-profile cases illustrate an important aspect of complex litigation: across many different substantive domains, in court and ADR proceedings, disputes that used to be contained within national borders are now trans-national. This seminar will consider the doctrinal, procedural and practical challenges that arise when litigation goes global. We will consider the high profile cases in which these issues have played out in recent years and hear from some of the lawyers (in-person or via zoom) who are creating a new virtual international court system for the resolution of global disputes. The goal of the seminar is to develop an understanding of how the global dimension of high-stakes complex disputes shapes parties' and lawyers' strategies and judges' decisions. The seminar will meet 3 times a week. A small number of seminar sessions will be conducted via zoom in collaboration with law faculty and students in Chile, the Netherlands, Germany, and Israel, four countries that have adopted procedures for dealing with large-scale civil litigation in distinctive fashions. Special Instructions: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and degree program. Elements used in grading: Class participation and course paper.

Global Litigation (2404): German owned VW admits that it included a "defeat device" in the software for its diesel cars so they could fraudulently pass US environmental tests, and is sued by thousands of US consumers in state and federal courts in the US. Very quickly, the cases are consolidated in the federal court in Northern California. Meanwhile, special purpose foundations are established in the Netherlands to seek a settlement with VW on behalf of European consumers under the Dutch collective settlement act, and a securities lawsuit on behalf of investors whose share values have dropped dramatically is filed in Germany, using that country's special group litigation procedure. The Dutch foundations may be coordinating their actions with US lawyers, the shareholders in Germany are represented by the local partners of a leading US-based litigation boutique, and the shareholder suit is funded by a UK-based international litigation financing firm. In 2019, a jury in E.D. Va. delivers a verdict holding a former Somali army commander now living in the U.S. liable under the Torture Victim Protection Act for compensatory and punitive damages to a Somali citizen he injured 30 years ago. The plaintiff is represented by the Center for Justice & Accountability in San Francisco and DLA Piper lawyers serving pro bono; the witnesses include public and private actors from different countries. In 2011, US-based Apple sues Korea-based Samsung for patent infringement in N.D. CA and Samsung counter-sues in Korea, Japan and Germany. A year later more than 50 lawsuits are ongoing in more than 10 countries. Two years later the companies agree to drop their litigation outside the US and focus their resources on their US litigation battle. Apple wins a big judgment in the federal court in San Jose but Samsung appeals all the way up to the U.S. Supreme Court. SCOTUS rejects the appeal and remands and in Spring 2018 the case is on the calendar for the third time in San Jose. Philip Morris' Hong Kong subsidiary files a claim in an international arbitration tribunal charging that Australia's public health protection statute regarding tobacco marketing violates Australia's bi-lateral investment treaty with Hong Kong. The arbitration claim is filed after the parent company unsuccessfully challenged Australia's statute before the High Court. In December 2015 the arbitration tribunal rules that it does not have jurisdiction over Philip Morris' claim effectively dismissing it. But controversy over Philip Morris' and other multi-national corporations' attempts to use investment arbitration to challenge diverse health, safety and environmental protection regulations derails international trade negotiations and leads to efforts to establish an international court for investment disputes. These high-profile cases illustrate an important aspect of complex litigation: across many different substantive domains, in court and ADR proceedings, disputes that used to be contained within national borders are now trans-national. This seminar will consider the doctrinal, procedural and practical challenges that arise when litigation goes global. We will consider the high profile cases in which these issues have played out in recent years and hear from some of the lawyers (in-person or via zoom) who are creating a new virtual international court system for the resolution of global disputes. The goal of the seminar is to develop an understanding of how the global dimension of high-stakes complex disputes shapes parties' and lawyers' strategies and judges' decisions. The seminar will meet 3 times a week. A small number of seminar sessions will be conducted via zoom in collaboration with law faculty and students in Canada, the Netherlands and Germany, three countries that have adopted procedures for dealing with large-scale civil litigation in distinctive fashions. Special Instructions: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and degree program. Elements used in grading: Class participation and course paper.