United States: The World In US Courts: Orrick's Quarterly Review Of Decisions Applying US Law To Global Business And Cross-Border Activities - Spring 2016

Last Updated: July 7 2016
Article by Robert P. Reznick

We are pleased to announce the latest issue of The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border Activities. Again, we provide capsule summaries of new decisions that consider when United States courts will take jurisdiction over disputes arising out of conduct occurring entirely or partially outside the US. We cover the areas of law most important to international business, including antitrust, securities law, RICO, anti-corruption, intellectual property, and claims arising out of claimed violations of international law, among others. And, as always, we include deep coverage of personal jurisdiction—whether a US court may act against non-US corporations and individuals even though their contacts with the US are remote.

Cases discussed in this issue:

Alien Tort Statute (ATS)

  • District Court Dismisses ATS Claim Against Laotian Politicians Alleging Conduct having No Connection With US

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

  • District Court Finds that Defenses Based on the FTAIA Do Not Require Individualized Inquiries that Would Defeat Class Certification


  • District Court Enforces UK Arbitration Award Against New York Assets of Chinese Bank where Assets Were Unrelated to the Subject Matter of the Award

Intellectual Property: Copyright

  • District Court Allows Discovery of Non-US Sales of Video Games Based on Potential Involvement of Apple Corp. Servers in the US

Intellectual Property: Patent

  • District Court Imposes Injunction Requiring Non-US Parent of Infringing Party To Include Statement of Infringement in Noninfringing Sales Outside the US
  • District Court Holds That Conduct Outside the US Can Constitute Prohibited Inducement of Infringement in the US
  • District Court Concludes that US Patent Infringement Claim Can Be Brought With Respect to Installation of Allegedly Infringing Equipment on US-Flagged Ship in Brazilian Waters
  • District Court Sets for Trial Issue Whether License Agreement Providing for Royalty Based on Worldwide Sales Not Covered by National Patent Reflected Parties' Intent and Was Patent Misuse

Intellectual Property: Trademark

  • District Court Rejects Effort Under the Lanham Act To Declare Non-US Trademarks Abandoned

Securities Law

  • District Court Dismisses Commodities Exchange Act Claim Because the Futures Contracts at Issue Were Not Traded in the US and Were Not Traded on a US Exchange

White Collar Criminal Law

  • District Court Finds that Conduct in the UK Resulted in a Domestic US Violation of the Wire Fraud Statute Because US Telecommunications Were Used To Implement the Conspiracy
  • District Court Concludes That Three Criminal Statutes Apply to Extraterritorial Conduct Arising Out of Fraud against US Government
  • District Court Finds Question Whether "Go Fast" Boat Was Stateless Vessel, Permitting Jurisdiction over Defendants Having No US Contacts, Is for Jury To Determine

Personal Jurisdiction/Foreign Sovereign Immunities Act (FSIA)/Forum Non Conveniens

  • District Court Finds Specific Personal Jurisdiction over Foreign Guarantor of a Lease in the US
  • District Court Dismisses Suit against Non-US Corporation and Individuals Based on Plaintiff's Failure To Produce Evidence of Sufficient Contacts with Forum
  • District Court Finds No Personal Jurisdiction Over German Manufacturer of Extension Cord Sold by US Retailer and Implicated in House Fire
  • District Court Finds New York Not an Inconvenient Forum for Enforcement of UK Arbitration Award Against Chinese Bank where Plaintiff's Choice Entitled to Deference and No Public or Private Interests Made Litigation Unfair or Inappropriate
  • District Court Finds Specific Personal Jurisdiction over Nonresident Because He Was a Corporate Officer and Sole Shareholder of company Registered To Do business in New York, and Allegedly Was a Central Figure in the Claim
  • District Court Finds No Personal Jurisdiction over Danish Civil Servants Whose Only Alleged Contact With Forum Was Presence on Social Media Servers
  • District Court Finds No Personal Jurisdiction Over Antiguan Real Estate Company With Non-Interactive Website That Had No Relationship With Dispute
  • District Court Finds No Jurisdiction Over Statoil Because "Commercial Exception" to FSIA Inapplicable
  • District Court Finds No Personal Jurisdiction Over Brazilian Company that Installed Equipment on US-Flagged Ship in Brazilian Waters, Even Though Installation Could Give Rise to Patent Infringement Claim.
  • Court of Appeals Finds Spanish and Mexican Companies Having No Relevant Contacts with the Forum Not Subject to Personal Jurisdiction in Case Claiming They Were Responsible for Injuries Suffered by Plaintiff While on Vacation
  • District Court Finds No Personal Jurisdiction over Swedish Manufacturer of Pharmaceutical Product That Knew its Products Were Resold to US Customers
  • District Court Finds No Personal Jurisdiction Over Mexican Shipper Whose US Presence Was Unrelated to Claim at Issue
  • District Court Finds No Jurisdiction Over Spanish and Jamaican Entities in Negligence Claim Arising out of Accident at Jamaican Hotel
  • District Court Finds No Personal Jurisdiction over Malaysian Company Acting as Receiver of Malaysian Subsidiary of U.S.-Based Biotechnology Company
  • District Court Finds No Personal Jurisdiction over Alleged Indemnitors Where Contract of Indemnification Was Neither Negotiated Nor Signed in New York and Required No Payments or Other Actions In New York.

View the full Spring 2016 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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