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Published online by Cambridge University Press: 31 December 2019
I am here to represent the corporate perspective. In my remarks, I would like to discuss three questions. First, how are companies reacting to this litigation in Europe? Second, what are the implications for jurisdiction and notions of judicial imperialism? And third, what effects might Brexit have on this litigation?
1 See, e.g., Hannah L. Buxbaum, Transnational Regulatory Litigation, 46 Va. J. Int'l L. 251, 304 (2006) (discussing allegations of judicial imperialism in different contexts); Robert Bork, Op-Ed., Judicial Imperialism, Wall St. J., June 17, 2003, at A16.
2 Daimler AG v. Bauman, 571 U.S. 117 (2014).
3 Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013); Jesner v. Arab Bank, 138 S. Ct. 1386 (2018).