United States: The World In US Courts: Orrick's Quarterly Review Of Decisions Applying US Law To Global Business And Cross-Border Activities

Last Updated: July 6 2015
Article by Robert P. Reznick

We are pleased to announce the Spring 2015 issue of The World in US Courts:  Orrick's Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border Activities.  This issue discusses 26 new decisions that consider when United States courts will take jurisdiction over disputes arising out of conduct occurring entirely or partially outside the US.  In addition to our usual subjects, for the first time we address a recent case involving international arbitration.  And, as always, we include deep coverage of personal jurisdiction—whether a US court may not act against non-US corporations and individuals because their contacts with the US are too insubstantial.

Cases discussed in this issue:

Torture Victims Protection Act (TVPA)/Anti-Terrorism and Effective Death Penalty Act of 1996 (ADEPA)/Foreign Sovereign Immunity Act (FSIA):

  • District Court Concludes that Extraterritoriality of the TVPA Is To Be Determined Based on Location Where Forced Labor Allegedly Occurred and Where Persons Were Allegedly Trafficked
  • District Court Holds that FSIA Does Not Preclude ICSID Judgments From Being Enforced in an Ex Parte Proceeding Under New York Law
  • AEDPA Prosecution Constitutional Because Non-US Conduct Targeted at US

Antitrust/Sherman Act/Foreign Trade Antitrust Improvements Act (FTAIA)

  • District Court Finds that Claims by Non-US Class Members Arising From Alleged Manipulation of Global Foreign Exchange Markets Are Barred by the FTAIA
  • Court of Appeals Upholds Convictions of Particiapnts in LCD Conspiracy Based on Requisite Impact on US Commerce


  • District Court Holds that ICSID Judgments Can Be Enforced in an Ex Parte Proceeding Under New York Law

Intellectual Property (Patent)

  • District Court Holds That Defendant's Supplier-Indemnitor Has Standing To Intervene To Assert Claims Against Plaintiff Because its Wholly Extraterritorial Conduct Might Still Support a Claim Against it for Contributory Infringement

Intellectual Property (Copyright and Trademark)

  • District Court Concludes that Holder of Non-US Trademark Lacks Standing To Sue Holder of Confusingly Similar US Mark
  • In Ex Parte Proceeding, District Court Enters Temporary Restraining Order Against Canadian Defendants Alleged To Have Fraudulently Resold Microsoft Software

Racketeer Influenced and Corrupt Organizations Act (RICO)

  • District Court Declines to Resolve Circuit Conflict as to the Extraterritorial Reach of RICO Because Alleged Crime is Domestic Under any Standard
  • District Court Finds Personal Jurisdiction Over Non-US Defendants Based on Agency Theory and Maintenance of Residence
  • District Court Dismisses RICO Claim Based on Extortion That Was Centered in India
  • Court of Appeals Affirms Dismissal of RICO Complaint on Res Judicata Grounds, Despite Issue Having Been Resolved "Without Prejudice" in Arbitration

Securities Law

  • Court of Appeals Upholds Conviction Under Section 10(b) Where US Market Makers Facilitated Trades by Non-US Persons
  • District Court Holds That "Spread Bets" Made Outside the US Could Trigger Liability Under Section 10(b) of the Exchange Act

Forum Non Conveniens/International Comity

  • Claim by Korean Company Arising Out of Currency Transactions with Citibank Affiliate in Korea Dismissed on Forum Non Conveniens Grounds, Despite Residence of All Defendants in Forum State

White Collar Criminal Law

  • District Court Rules that Manipulation of LIBOR Yen Rate by Alleged Co-Conspirators in Japan and Singapore Does Not Implicate Impermissible Extraterritorial Application of the Wire Fraud Statute

Personal Jurisdiction

  • District Court Finds No Personal Jurisdiction Over Swiss Bank Arising Out of Claimed Violations in Switzerland
  • District Court Finds personal jurisdiction over Kazakh bank sued by Panamanian corporations under the Securities and Exchange Act of 1934.
  • District Court Exercises Personal Jurisdiction in Breach of Contract Case where Plaintiff Presented Sufficient Prima Facie Evidence of Defendant's Minimum Contacts with the Forum State
  • District Court Finds Personal Jurisdiction Over Non-US Defendants Based on Agency Theory and Maintenance of Residence
  • District Court Finds No Personal Jurisdiction Over Italian Manufacturer Sued for Indemnification in a Products Liability Action Because Contacts of Affiliated Companies Could Not Be Attributed to It
  • District Court Declines to Exercise Personal Jurisdiction Where Plaintiff Failed to Show that the Cause of Action Arose from the Actions of Non-US Defendants in the Forum State
  • District Court finds personal jurisdiction over defendant in contract and tort case from sale of jewelry
  • District Court Concludes that Alleged Extortion Plot Focused In India Did Not Involve Sufficient Contacts With California To Support Jurisdiction
  • District Court Exercises Personal Jurisdiction over Parent of Wholly-Owned Subsidiary in Title VII Discrimination Case where Parent "Transacted Business" in New York
  • District Court Exercises Personal Jurisdiction where Defendant Purposefully Availed itself of the Privilege of Conducting Activities in the Forum State
  • District Court Permits Post-Judgment Discovery of New York Affiliate of Non-US Bank Registered With New York Banking Regulators

View the full Spring 2015 edition here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Events from this Firm
23 Jan 2019, Speaking Engagement, New York, United States

New York partner Rich Martinelli will be a featured panelist during the Society of Physician Engineers' event, "Intellectual Property Law & Tax Credits for Life Science Companies."

29 Jan 2019, Speaking Engagement, New York, United States

Please join Orrick partner Jay Jurata at this year's Joint NGMN and ITU Conference on January 29-30 in Geneva, Switzerland.

27 Feb 2019, Conference, Las Vegas, United States

Partner John Narducci will be discussing The Impact of the Tax Reform Act on Valuations at ABI’s Valcon 2019 Conference.

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