Personal Jurisdiction

International Litigation Update: Developments Concerning the Alien Tort Statute and Personal Jurisdiction

by King & Spalding on 5/17/2013

In the span of less than a week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., a decision concerning the reach of the Alien Tort Statute, and granted certiorari in Bauman v....more

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

by Jonathan M. Cohen, Katrina Johnson | Gilbert LLP on 5/9/2013

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,...more

Transfer $8 Million Out Of Accounts In New York? That Action Alone Is Not Sufficient To Establish Personal Jurisdiction

by Mark McGrath | Sheppard Mullin Richter & Hampton LLP on 5/7/2013

In Henkel v. Masiero, Index No. 650425/2012 (N.Y. Sup. Ct., N.Y. Cnty. Mar. 18, 2013) (the “Opinion”), the Supreme Court (J. Bransten) granted the defendants’ motion to dismiss for lack of personal jurisdiction on the grounds...more

The Supreme Court Again Revisits (And May Rein In) Personal Jurisdiction: Two Cases Now Up Next Term

by Grant Esposito, Brian Matsui | Morrison & Foerster LLP on 4/30/2013

On April 22, 2013, the Supreme Court granted review in another personal jurisdiction case: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22, 2013). The question presented in DaimlerChrysler is “whether it...more

Alabama District Court Denies Motion To Dismiss TCPA Claim Arguing Lack Of Personal Jurisdiction, Improper Venue And That...

by Joshua Threadcraft | Burr & Forman on 4/25/2013

An Alabama Plaintiff sued New Jersey Defendants for violating the TCPA by sending an unsolicited fax advertising material for answering services provided by Defendant. Defendant filed a Motion to Dismiss challenging Personal...more

"US Supreme Court Greatly Restricts Scope of Alien Tort Claims; Holds Statute Does Not Apply Extraterritorially"

by Julie Bédard, Timothy Nelson, Susan Saltzstein, Jennifer Spaziano | Skadden, Arps, Slate, Meagher & Flom LLP on 4/23/2013

Last week, the U.S. Supreme Court issued its long-awaited opinion in Kiobel v. Royal Dutch Petroleum, No. 10–1491 (U.S. Apr. 17, 2013), a significant decision holding that the so-called “Alien Tort Claims Act” or “Alien Tort...more

The ATS’s Second Act: The Supreme Court Looks to Address the Unanswered Questions of Kiobel

by Alexandra Meise Bay | Foley Hoag LLP - Corporate Social... on 4/23/2013

The U.S. Supreme Court granted cert on April 22 in two important cases for the future application of the Alien Tort Statute (“ATS”) following its decision last week in Kiobel v. Royal Dutch Petroleum. ...more

Why Russell v. SNFA Matters

by Kirk Jenkins | Sedgwick LLP on 4/22/2013

On Thursday morning, the Illinois Supreme Court filed its decision in Russell v. SNFA. We were watching Russell closely here at Appellate Strategist because it was the Court's first opportunity to apply the United States...more

Personal Jurisdiction by Way of Agency: What Is Required?

by Alison Beanum | Sedgwick LLP on 4/2/2013

For jurisdictional purposes, when should a foreign parent company be “held for the acts” of a resident subsidiary acting on its behalf? On March 4, 2013, Los Angeles Superior Court Judge Lee S. Edmon analyzed this issue...more

Carsanaro, et al. v. Bloodhound Tech., Inc. et al., C.A. No. 7301-VCL (Del. Ch. Mar. 15, 2013) (Laster, V.C.)

by Potter Anderson & Corroon LLP on 3/28/2013

In this Opinion, the Court of Chancery denied, in large part, defendants’ motion to dismiss plaintiffs’ claims challenging several allegedly self-interested and dilutive transactions....more

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Jurisdiction and Venue

by Patton Boggs LLP on 3/20/2013

In 2012, several courts faced the challenge of whether a foreign reinsurer is subject to the personal jurisdiction of U.S. courts and consistently held that contracting with a cedent who conducts business in a particular...more

The Death of Pennoyer v. Neff and the Requirements for Minimum Contacts under the FCPA

by Thomas Fox on 3/20/2013

The bane of every first year law student, at least in Civil Procedure, is Pennoyer v. Neff. This is because (1) it is usually studied very early in the semester; (2) is viewed as the first true introduction to how strikingly...more

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

by King & Spalding on 3/13/2013

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

Line in the Sand: Siemens Argentina Case Limits Personal Jurisdiction Under the FCPA

by Thad McBride, Cheryl Palmeri | Sheppard Mullin Richter & Hampton LLP on 3/11/2013

A New York federal district court judge has dismissed a Foreign Corrupt Practices Act (“FCPA”) claim against a former executive of Siemens, S.A. Argentina and Siemens Transportation Systems for lack of personal jurisdiction. ...more

Subpoenas To Non-Parties: A Few Ground Rules

by Mack Sperling | Brooks Pierce on 3/6/2013

If you are in NC state court and want to take the deposition of an out-of-state non-party, the Order last week in Out of the Box Developers, LLC v. Logicbit Corp. carries a few lessons. Serving A Subpoena. You can't...more

Personal Jurisdiction From E-Contacts Remains An Unpredictable Issue

by Robert S. Friedman | Sheppard Mullin Richter & Hampton LLP on 3/1/2013

Originally published in the New York Law Journal on February 25, 2013. Advances in technology continue to have an interesting and quixotic effect on the way in which courts grapple with personal jurisdiction. Commercial...more

New York Federal Court Holds SEC’s FCPA Enforcement Theory “Far Too Attenuated” For Jurisdiction

by BuckleySandler LLP on 3/1/2013

On February 19, the U.S. District Court for the Southern District of New York held that the SEC’s allegations of personal jurisdiction over a former CEO of Siemens’ Argentinian subsidiary – a German citizen with no direct...more

Southern District of New York Ruling May Present Challenges for FCPA Defendants

by William H. Devaney, Geoffrey Garinther, Nancy Grunberg, Jan Lawrence Handzlik, Hillary Profita | Venable LLP on 2/27/2013

A recent ruling in the Southern District of New York rejected two defenses in a Foreign Corrupt Practices Act (FCPA) case, resulting in an interpretation of the law that could have damaging consequences for defendants who are...more

Two Recent Decisions Provide Rare Guidance on the FCPA’s Reach Over Foreign Nationals

by Ropes & Gray LLP on 2/27/2013

Two recent district court decisions have shed light on the reach and scope of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign nationals: SEC v. Straub and SEC v. Sharef. For companies and individuals operating...more

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

by Joseph E. Gallo, Emily Stern | Katten Muchin Rosenman LLP on 2/26/2013

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

In What Circumstances Can Foreign Nationals Be Held Liable for Violating The Foreign Corrupt Practices Act?

by Michael Gilbert, Darla Woodring | Dechert LLP on 2/25/2013

In the last two weeks, in two separate SEC enforcement actions, judges in the United States District Court for the Southern District of New York issued rulings addressing when the United States Securities and Exchange...more

District Court Decision Limits the Extraterritorial Reach of the FCPA

by Benjamin D. Klein, George J. Terwilliger III | Morgan Lewis on 2/25/2013

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

Corporate and Financial Weekly Digest - February 22, 2013

by Katten Muchin Rosenman LLP on 2/25/2013

In this issue: - International Regulators Publish “Near-Final” Draft of Uncleared Swap Margin Rules - CFTC and IOSCO to Host Roundtable on IOSCO Financial Benchmarks Report - SDNY Favors the SEC in Foreign...more

Lack Of Personal Jurisdiction – Breach Of Contract Action By Broker For Failure To Pay A Commission On Aircraft Sale

by Neha Dagley | Schecter Law on 2/21/2013

In Corporacion Aero Angeles, S.A. v. Fernandez, 69 So. 3d 295 (Fla. 4th DCA 2011), the plaintiff, Jamie Gaston Fernandez (“Fernandez”) brought an action for breach of contract arising out an oral brokerage agreement for the...more

Increased Risk of FCPA Prosecution of Foreign National Executives of U.S. Issuers: Recent Court Decision Allows Open-Ended Statute...

by Anthony D. Mirenda, Gare Smith | Foley Hoag LLP on 2/19/2013

A recent federal court decision highlights the increasing risk of prosecution for foreign national executives under the Foreign Corrupt Practices Act ("FCPA”). The decision from the federal district court in New York denied...more

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