Cross-Border Litigation in an Applied Context
Bob Adler participated as a co-instructor of "Cross-Border Litigation in an Applied Context," a week-long course at Schulich School of Law, Dalhousie University in Nova Scotia, Canada beginning on February 14, 2019. Bob also presented this course in February 2017.
In a globalized world, people and goods move between countries more than ever. This is particularly the case with Canada and the United States, which share a massive, porous border and have very integrated economies. This creates a host of legal issues that inevitably involve the legal systems and courts of both countries at a time, resulting in an explosion of interest in "cross-border law." A practice in cross-border law requires a grasp of how to run cases with features that transcend the traditional silos of conflicts of law/private-international law and the transnational aspects of public law.
Understanding of, and fluency with, the kinds of legal dynamics that arise in cases with cross-border aspects is becoming increasingly necessary to many areas of legal practice — e.g. criminal and regulatory, tort, taxation, and corporate law. This intensive course focused specifically on how such cases are litigated in the practical sense. It concentrated predominantly on how the procedural regimes in Canada and the U.S. are navigated in cross-border matters, through the lens of real-world completed or ongoing cases. Attention was paid, in particular, to conflicts of law, jurisdictional issues and litigation strategies. The course provided a unique and timely introduction to, and overview of, the unique features of cross-border litigation.