Foreign Defendants

News & Analysis as of

Implications of the Argentina Debt Litigation for Foreign Sovereign Immunity

Foreign sovereigns have long assumed that the Foreign Sovereign Immunities Act (FSIA) provides them with substantial protection against litigants in United States courts. Although the immunity afforded by the FSIA has never...more

Give Me Your Tired, Your Poor, Your Huddled Masses ... But Not Your Plaintiffs: Supreme Court Decision Limits General Personal...

It is no secret that U.S. courts are among the most favorable to plaintiffs, especially with regard to damages awards. For this reason, there has been a growing trend of foreign plaintiffs bringing law-suits in the U.S. even...more

UPDATE: Sur-Sur-Sur Reply Highlights The Short Arm Of U.S. Law In Trade Secret Theft

A few months ago, we discussed the federal government’s difficulties prosecuting foreign companies and individuals for theft of U.S. trade secrets. We highlighted three cases in which foreign defendants effectively stalled...more

What Happens Outside The USA, Stays Outside The USA: Reining In The Extraterritorial Reach Of Criminal Securities Laws

Criminal securities laws do not reach transactions that occur outside the United States. This is the conclusion of the Second Circuit Court of Appeals which last Friday applied the Supreme Court’s reasoning in Morrison v....more

Asserting Personal Jurisdiction Over Non-Tribal Parties in State Court: What To Do When a Foreign Defendant Argues It Is Not...

Tribal governments are empowered to establish court systems to adjudicate disputes arising within their jurisdictions. This authority is an essential component of autonomy and self-government for Native Americans, and tribal...more

The Short Arm Of The Law: U.S. Problems Prosecuting Foreigners For Trade Secret Theft

They say politics stops at the water’s edge. Increasingly, so does the power of the United States to thwart trade secret theft....more

Policy’s Forum Selection Clause Found Binding on Assignee of Insured

In Kostelac v. Allianz Global Corporate & Specialty AG, 2013 WL 1668245 (11th Cir. Apr. 17, 2013) (unpub.), the 11th Circuit Court of Appeals addressed the application of the forum non conveniens doctrine to a coverage...more

Catch Me If You Can: How To Serve Foreign Defendants

You are sitting at your desk when your client calls to tell you that his or her customer breached an agreement. As you do your intake, you ask where the customer resides. You learn that the customer (potential defendant) has...more

Second Circuit Determines the Relevant Date for Determining a Chapter 15 Debtor’s “COMI”

A. INTRODUCTION - Courts in the Southern District of New York and elsewhere have issued conflicting decisions regarding the appropriate time period to consider in determining a foreign debtor’s “center of its main...more

Kiobel: Major U.S. Jurisdictional Limitation For Overseas Actions

Much of the public has never heard of the Alien Tort Statute (“ATS,” 28 U.S.C. § 1350), but this law, dating back to the founding of the country, recently has had enormous implications for multinational corporations and...more

Federal Court in Manhattan “Likes” Service of Process via Facebook

On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc., that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this...more

Business Litigation Report -- March 2013

In This Issue: - Firm News: Quinn Emanuel Recognized as a “2013 Go-To Law Firm for Top 500 Companies” and Quinn Emanuel Named Law360 Class Action Practice Group of the Year - Main...more

Bernstein Shur Business and Commercial Litigation Newsletter #26

We are pleased to present the 26th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight a recent U.S. Supreme Court decision favoring the emerging gray market, arbitration of...more

Courts Diverge on the Reach of Personal Jurisdiction in FCPA Cases Against Foreign Defendants

Last month, two federal judges in the Southern District of New York reached differing conclusions about the minimum contacts required for U.S. courts to exercise personal jurisdiction over foreign defendants in civil...more

SDNY Finds Lack of Personal Jurisdiction in Foreign Corrupt Practices Act Claim

The US District Court for the Southern District of New York recently addressed whether the Foreign Corrupt Practices Act (FCPA) could reach a foreign executive of a non-US company. In contrast to the Straub case (see “SDNY...more

District Court Decision Limits the Extraterritorial Reach of the FCPA

Judge in Siemens case seeks "limiting principle" for the exercise of personal jurisdiction over foreign defendants and concludes that mere support for a bribery scheme by a foreign defendant is insufficient to establish...more

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