Jones Day partner James Loonam contributed a chapter to The Practitioner's Guide to Global Investigations (5th Edition) titled "Extraterritoriality: The US Perspective." Global Investigations Review publishes the guide for external and in-house counsel, compliance officers, and accounting practitioners. Chapters are authored by leading practitioners from around the world.
U.S. law enforcement and regulatory authorities often investigate corporations and their employees for conduct that took place outside the United States. The chapter contributed by Mr. Loonam provides an overview of how U.S. courts analyze the issue of whether U.S. law applies to foreign conduct. The chapter addresses the statutes most commonly invoked by U.S. authorities to reach the overseas conduct of corporate executives and officers. The jurisprudence in this area continues to evolve as courts interpret the U.S. Supreme Court's decisions in Morrison v. National Australia Bank Ltd. and RJR Nabisco, Inc. v. European Community.
Mr. Loonam is a former federal prosecutor who regularly advises companies, boards of directors, and senior executives in sensitive and high-stakes investigations by the U.S. Department of Justice, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and other criminal and regulatory authorities. He handles matters involving allegations of securities fraud, FCPA violations, domestic political corruption, False Claims Act violations, insider trading, accounting fraud, and cyber breaches.