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
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
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