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Extraterritoriality Rules

Meritas Data Protection & Privacy Law GDPR: New territorial scope, one stop shop and consistency mechanisms

One of the undeniable highlights of the new General Data Protection Regulation (GDPR), which will come into force on 25 May 2018, is its extended territorial scope. The new geographical reach does not only come as a reaction...more

MoFo IP Newsletter - April 2017

by Morrison & Foerster LLP on

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods - On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent...more

We Know What You Really Meant: Utah Court Holds that SEC Can Bring Extraterritorial Enforcement Action Based on Conduct or Effects...

A federal court in Utah recently held that the Securities and Exchange Commission may bring an enforcement action based on allegedly foreign securities transactions involving non-U.S. residents if sufficient conduct occurred...more

Alien Tort Case Development: The U.S. Supreme Court Will Review the Question of Corporate Liability

On Monday, April 3, the U.S. Supreme Court granted a petition for a writ of certiorari filed by plaintiffs in Jesner v. Arab Bank, No. 16-499. The case may once and for all determine whether companies are appropriate...more

What Explains Plaintiffs’ Post-Morrison Preference for the Third Circuit in Securities Filings Involving Overseas Parties or...

In monitoring securities cases filed around the country, I like to keep an eye out for regional trends. Historically, plaintiffs’ counsel respected the company defendant’s forum, filing in the federal court closest to the...more

Endless jurisdiction: Application of PIPEDA and court orders outside of Canada

by Dentons on

Federal Court ruling in A.T. v. Globe24h.com1 raises issues concerning the reach of Canadian courts’ jurisdiction. Overview - In A.T. v. Globe24h.com, the Federal Court of Canada (the Court) held that the Personal...more

Digital Divide Deepens: Tech Community Backs Second Circuit in Clash with Magistrates over Reach of U.S. Warrants

The technology community took aim at a recent federal magistrate’s ruling that ordered Google Inc. to comply with search warrants seeking customer emails stored on servers abroad, calling the decision “an impermissible...more

Fifth Annual Report Reviews Global Antitrust Developments

by Shearman & Sterling LLP on

Shearman & Sterling’s 2017 Antitrust Annual Report reflects our lawyers’ experience and insights on key antitrust risks affecting our clients’ businesses. Please see full Report below for more information....more

Germany: Termination for Breach of US Regulatory Rules Not Permissible, European Labour & Employment Update

by Jones Day on

The New York State Department of Financial Services ("NYDFS") required Commerzbank to terminate the employment of a Germany-based employee on the basis that he played "a central role" in the breaching of US sanctions...more

Supreme Court limits liability for shipping parts of patented inventions abroad

by Thompson Coburn LLP on

Generally, to infringe a U.S. patent, the infringing activity — the unauthorized making, using, offering to sell, selling, or importation — occurs within the United States. However, there are exceptions to this rule. Under 35...more

Tech Rally – Industry Giants Back Google's Play to Protect Data

by Bracewell LLP on

On March 10, 2017, Google Inc. filed its objection to a Pennsylvania magistrate judge's order to comply with search warrants and turn over personal user data partially stored on foreign servers abroad. A number of technology...more

One is Not Enough – Infringement Liability under § 271(f)(1)

by Foley & Lardner LLP on

In Life Technologies Corp. v. Promega Corp., Slip Op. 14-1538 (Feb. 22, 2017), the U.S. Supreme Court held that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to...more

Deciphering RJR Nabisco's 'Domestic Injury' Requirement

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

U.S. Supreme Court Limits Liability for Patent Infringement Based on Extraterritorial Activity

by K&L Gates LLP on

In a near-unanimous opinion, the U.S. Supreme Court ruled in Life Technologies v. Promega that supplying a single component of a multicomponent invention for manufacture abroad does not give rise to liability under 35 U.S.C....more

Indictments Spotlight Broad Extraterritorial Reach of U.S. Money Laundering Statutes

by Ballard Spahr LLP on

The U.S. money laundering statutes have a broad global reach and may be used to prosecute cases involving alleged schemes perpetrated almost entirely outside of the United States. These types of allegations seem to be an...more

Limiting Extraterritorial Reach of U.S. Patents: "Substantial" Means More than One

by Foley Hoag LLP on

Last week, the Supreme Court provided much-needed clarity to U.S. companies concerned about their potential liability for supplying a single component of a multicomponent invention abroad. The Court’s decision in Life...more

New Administration Ramps up Enforcement Efforts

by Foley & Lardner LLP on

The Trump administration has vowed to bring jobs back to the states. One of the methods it appears it’ll take advantage of is continued, aggressive enforcement of U.S. laws governing exports and international conduct....more

Trends & Insights: The Defend Trade Secrets Act Nine Months Later

by Dentons on

It has been nine months since enactment of the Defend Trade Secrets Act (DTSA) (18 U.S.C. § 1832, et seq.), which amended the Economic Espionage Act of 1996 (18 U.S.C. § 1831, et seq.) and created a new federal civil cause...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Supreme Court Decision Limits Patent Infringement Risk for Exporting a Single Component of a Multi-Component Invention

by McNair Law Firm, P.A. on

On February 22, 2017, the Supreme Court held that there is no patent infringement when an entity supplies "a single component" from the United States for combination into "a multicomponent invention" outside the United...more

The Song says 2 out of 3 Ain’t Bad; The Supreme Court says 1 is not “Substantial”

In Life Technologies Corp. v. Promega Corp. [14-1538] (February 22, 2017), the Supreme Court reversed a Federal Circuit decision that supplying a single component of a multi-component invention from the United States is an...more

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods

by Morrison & Foerster LLP on

On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to liability under 35 U.S.C. § 271(f)(1). See...more

Supreme Court Addresses Scope of Patent Infringement Under Section 271(f)(1)

by Jones Day on

Section 271(f)(1) of the Patent Act provides that a party infringes a patent claim when it "supplies or causes to be supplied in or from the United States all or a substantial portion of the components of a patented invention...more

"US Supreme Court Holds That Exporting One Component of Invention Abroad Does Not Suffice for Patent Infringement"

In a 7-0 decision issued on February 22, 2017, in Life Technologies Corp. v. Promega Corp., the U.S. Supreme Court held that exporting a single component of a multicomponent invention for combination abroad does not give rise...more

Supreme Court Rules In Life Technologies Corp. V. Promega Corp.

by Ladas & Parry LLP on

On February 22, 2017 in Life Technologies Corp. v. Promega Corp, the Supreme Court in a 7-0 judgment (Chief Justice Roberts having recused himself) held that for there to be active inducement of infringement by export of...more

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