The World In U.S. Courts - Spring 2017

by Orrick, Herrington & Sutcliffe LLP

Orrick, Herrington & Sutcliffe LLP

Cases discussed in this issue

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/Act of State Doctrine

Court of Appeals Considers US Actions in Isolation to Determine whether Allegations Describe US Domestic Violation of International Law

District Court Holds Bank of India Immune from Suit under the FSIA



Bankruptcy Court concludes that Payment made by Israel-Based US Debtor to Israeli Law Firm not a US "Domestic" Transfer, and thus Outside the Reach of Bankruptcy Trustee


Intellectual Property – Patent

Court of Appeals Finds Jurisdiction over German Non-Practicing Entity Based on Delivery of Warning Letters and Visits to California


Intellectual Property – Trademarks/Lanham Act

District Court Permits Trademark Infringement Claim to Proceed where US Defendant Ordered Alleged Infringement in Canada that Injured US Plaintiff

District Court finds no Jurisdiction where the Defendant's Website had inadequate Presence in the US, and its US Contacts were Unrelated to its Lanham Act Unfair Competition Claim


Intellectual Property – Copyright

Court of Appeals find Importation of Allegedly Infringing Geological Surveys to be "Domestic" Act of Infringement

District Court finds no Jurisdiction where the Defendant's Website had inadequate Presence in the US, and its US Contacts were Unrelated to its Copyright Claim


International Trade/US Trade Sanctions

Zhongxing Telecommunications Equipment Corporation Settlement of Civil and Criminal Charges for Violations of US Sanctions Against Iran (March 7, 2017)


Labor & Employment

French Parent Company Potentially Subject to Age-Discrimination Claim brought by Employee of its US Subsidiary


Racketeer Influenced and Corrupt Organizations Act (RICO)

District Court Concludes that Singaporean Plaintiff Suffered Economic Injury in Singapore, and thus that no US "Domestic Injury" had been Alleged

Court of Appeals Suggests Plaintiffs Alleging RICO "Conspiracy" must show Domestic US Injury

District Court Finds Singaporean Plaintiff Suffered alleged Injury in Singapore, outside the Reach of Civil RICO

RICO Statute does not confer Personal Jurisdiction over Italian Defendant

District Court Finds no US "Domestic Injury" where US Actions allegedly Caused Injuries in Austria

District Court Concludes that US "Domestic Injury" did not Include US Judgment, and was not Present where Plaintiff Relinquished Goods to Third-Party Shipper in Turkey

District Court Upholds Indictment against FIFA Officials Charging Criminal Violations of RICO and Predicate Offenses Based in part on Extraterritorial Conduct


Securities Law/Commodities Exchange Act (CEA)

District Court finds no CEA Jurisdiction where Trades made on Korean Exchange were "Matched" on US Electronic Trading Platform

District Court finds that Securities Fraud Claim could be based on Purchase and Sale of ADRs on OTC Marketplace


White Collar Criminal Law/Money Laundering

District Court Upholds Indictment against FIFA Officials Charging Criminal Violations of RICO and Predicate Offenses Based in part on Extraterritorial Conduct


Personal Jurisdiction/Forum Non Conveniens

District Court Permits Discovery to Determine Whether Personal Jurisdiction Over Japanese Corporation and its US Subsidiary Exists

District Court finds Personal Jurisdiction over German Auto Executives who Personally Made and Approved allegedly Misleading Statements

Magistrate Judge Finds Personal Jurisdiction over non-U.S. Defendant based on Sales to, and Interactions with, a New York Authorized Dealer

Court of Appeals Declines to Enforce Subpoenas against Foreign Banks for Asset Information held at Branches Worldwide

Court of Appeals Holds that Palestinian Authority Enjoys Due Process Protections, and Cannot be Sued in US

District Court Finds Korean Defendant's targeting of US Corporation Sufficient Basis for the Assertion of Specific personal Jurisdiction

District Court Finds Presence of Bahamian Witnesses and Third Parties Warrants Dismiss on Forum Non Conveniens Grounds

Court of Appeals Rejects "Agency" and "Alter Ego" Theories of Jurisdiction over Japanese Corporation

Court of Appeals Finds Jurisdiction over German Non-Practicing Entity Based on Delivery of Warning Letters and Visits to California

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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