In Ford Motor Co. v. Montana Eighth Judicial District Court and Ford Motor Co. v. Bandemer, issued Wednesday, the United States Supreme Court rejected Ford Motor Company’s challenge to two state courts’ assertion of specific...more
Non-U.S. companies are routinely sued in the U.S. over disputes principally or exclusively involving their U.S. subsidiaries. In many instances, these non-U.S. companies should not even have their cases litigated in U.S....more
3/22/2019
/ Anti-Corruption ,
Antitrust Provisions ,
Defense Strategies ,
Extraterritoriality Rules ,
Foreign Entities ,
Jurisdiction ,
Litigation Strategies ,
Multinationals ,
Personal Jurisdiction ,
RICO ,
Risk Management ,
Subsidiaries ,
Webinars
Earlier this month, Danske Bank A/S – Denmark's largest bank – announced that the United States Department of Justice ("DOJ") has initiated a criminal investigation relating to the bank's Estonian branch....more
10/30/2018
/ BSA/AML ,
Corruption ,
Criminal Investigations ,
Denmark ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Estonia ,
Financial Institutions ,
Financial Transactions ,
Jurisdiction ,
Money Laundering ,
Popular ,
White Collar Crimes
On Feb. 9, 2018, the Second Circuit decided SPV Osus Ltd. v. UBS AG , affirming the dismissal of UBS AG and related and unrelated foreign financial management companies from litigation brought by alleged victims of the...more
2/26/2018
/ Aiding and Abetting ,
Appeals ,
Bernie Madoff ,
Foreign Banks ,
Investment Fraud ,
Investment Funds ,
Investment Management ,
Non-US Feeder Funds ,
Ponzi Scheme ,
Specific Jurisdiction ,
UBS
On Oct. 30, 2017, the Second Circuit issued its opinion in Bascuñán v. Elsaca, becoming the first court of appeals to address the requirement that a private claim under the Racketeer Influenced and Corrupt Organizations Act...more
11/6/2017
/ Appeals ,
Bank Fraud ,
Cross-Border ,
Domestic Injury ,
Extraterritoriality Rules ,
Mail Fraud ,
Misappropriation ,
Money Laundering ,
Racketeering ,
RICO ,
RJR Nabisco v European Community ,
Travel Act ,
Wire Fraud
The World in U.S. Courts was launched as a quarterly publication almost five years ago to catalogue new U.S. court decisions discussing some of the unique risks and opportunities for parties based in other countries. A few...more
On June 19, the US Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California, a case that may make efforts to litigate national product liability and consumer protection suits against non-US companies...more
On May 30, the US Supreme Court issued a decision in Impression Products, Inc. v. Lexmark Int'l, Inc., which changed the settled law of "international patent exhaustion"—whether a US patent infringement suit may be brought in...more
6/5/2017
/ Foreign Sales ,
Imports ,
Impression Products v Lexmark International ,
Intellectual Property Protection ,
IP License ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Resales Agreements ,
SCOTUS ,
Single-Use/No Resale Restriction ,
Stream of Commerce
Last June, in RJR Nabisco v. European Union, a deeply divided U.S. Supreme Court resolved a three-way split among the federal courts to define the extraterritorial reach of the Racketeer Influenced and Corrupt Organizations...more
This alert, the title of which is adapted from a March 30, 2016 FTC Staff Attorney blog post, considers the FTC's first lawsuit challenging a so-called "no-AG" agreement. No-AG agreements are components of Hatch-Waxman...more
4/6/2016
/ Abbreviated New Drug Application (ANDA) ,
Endo Pharmaceuticals ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
No-AG Agreement ,
Patent Infringement ,
Pharmaceutical Industry ,
Pharmaceutical Patents
The US Foreign Sovereign Immunities Act (“FSIA”) codifies the doctrine of sovereign immunity and generally prohibits lawsuits in US courts against non-US sovereigns. But the FSIA has an exception where, among other things, a...more
Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more
7/22/2015
/ Alien Tort Statute ,
Antitrust Litigation ,
Appeals ,
Asset Freeze ,
Banking Sector ,
Banks ,
Compliance ,
Counterfeiting ,
Cuba ,
DaimlerChrysler v Bauman ,
Due Process ,
Fifth Amendment ,
Financial Institutions ,
Foreign Banks ,
Fourteenth Amendment ,
Gucci ,
Libor ,
Litigation Strategies ,
Non-US Entities ,
NYDFS ,
People's Bank of China ,
Personal Jurisdiction ,
Racketeering ,
RICO ,
SCOTUS ,
Trademark Infringement
On June 22, 2015, in a 6-3 decision in Kimble et al. v. Marvel Enterprises, LLC, 576 U.S. __ (2015), the United States Supreme Court reaffirmed its holding in Brulotte v. Thys, 379 U.S. 29 (1964), that it is per se patent...more
On June 17, 2015, the U.S. District Court for the Eastern District of Pennsylvania approved a consent order (the “Consent Order”) between the Federal Trade Commission and defendants Cephalon, Inc. and its parent, Teva...more
6/22/2015
/ Abbreviated New Drug Application (ANDA) ,
Antitrust Litigation ,
Cephalon ,
Consent Order ,
Corporate Counsel ,
Disgorgement ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Hatch-Waxman ,
Patent Infringement ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Reverse Payment Settlement Agreements ,
Teva Pharmaceuticals ,
Unfair Competition
Last week, in In re Cipro Cases I & II, Case No. S198616, the Supreme Court of California adopted the United States Supreme Court's application of the Rule of Reason to the antitrust analysis of so-called "reverse payment"...more
5/15/2015
/ Antitrust Litigation ,
Burden of Proof ,
CA Supreme Court ,
Cartwright Act ,
Cipro ,
Class Action ,
Food and Drug Administration (FDA) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Monopolization ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Reverse Payment Settlement Agreements ,
Rule-of-Reason Analysis ,
Unfair Competition
Winter 2015 -
The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Winter 2015 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more
2/18/2015
/ Alien Tort Statute ,
Antitrust Litigation ,
Competition ,
Cross-Border ,
Dodd-Frank ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
FTAIA ,
Human Trafficking ,
Multinationals ,
Patent Infringement ,
Patents ,
Securities Litigation ,
Sherman Act ,
White Collar Crimes
For this month’s Top Stories, we are republishing two very recent Orrick Client Alerts that address an important U.S. appellate decision regarding the extraterritorial application of U.S. antitrust laws and the first U.S....more
12/16/2014
/ Anti-Monopoly ,
Antitrust Litigation ,
China ,
Extraterritoriality Rules ,
Foreign Affiliates ,
Motorola ,
Patent Royalties ,
Patents ,
RAND ,
Royalties ,
Sherman Act
The Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a (FTAIA), enacted in 1982, has provided ambiguous direction to courts and practitioners regarding the applicability of U.S. antitrust laws to conduct occurring...more
Fall 2014 -
The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Summer 2014 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more
11/6/2014
/ Antitrust Litigation ,
Cisco ,
Costco ,
Extraterritoriality Rules ,
Exxon Mobil ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
FTAIA ,
Intellectual Property Litigation ,
RICO ,
Securities Litigation ,
Sherman Act
Summer 2014 -
The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Summer 2014 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more
The legal status of many membership programs promoted via social media and spam has been called into question by a recent decision of the U.S. Court of Appeals for the Ninth Circuit, which affirmed a judgment that one such...more
Long-simmering issues concerning the applicability of the Sherman Act to foreign conduct under the Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a (FTAIA), were addressed in the June 4, 2014 decision of the 2nd U.S....more
In this issue, we discuss 28 new decisions by courts across the country and other authorities that address the "extraterritoriality" of US law, and consider whether disputes involving conduct outside the country may be...more
Earlier this week in FTC v. Actavis, No. 12-416 (U.S. Jun. 17, 2013), the Supreme Court handed down its long-anticipated ruling on “reverse payment” or “pay-for-delay” agreements, holding that these agreements—while not...more
The fight against sophisticated online schemes to sell counterfeit or otherwise illegal goods is being waged by increasingly focused efforts to identify responsible parties that may be sued in U.S. courts, and whose assets...more
6/15/2013
/ CAN-SPAM Act ,
Class Action ,
Computer Crimes Act ,
Conspiracies ,
Counterfeiting ,
Dismissals ,
False Marking ,
Foreign Banks ,
Illegal Drugs ,
Personal Jurisdiction ,
Prescription Drugs ,
RICO ,
Websites