The World in U.S. Courts:Spring 2019

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Intellectual Property – Copyright

Copyright Act Does Not Apply to Proposed Sale of Allegedly Unlawful Copy of Sculpture to US Buyer Because All Relevant Conduct Occurred Outside the US and No Infringing “Predicate Act” Otherwise Exists

No Personal Jurisdiction in Florida Over Australian Manufacturer of Motorcycle Parts Where Its Only Connections with The US Were (i) a Website Operated Globally that Did Not Account for Substantial Sales in Forum and (ii) California-Based US Distributors

Racketeer Influenced and Corrupt Organizations Act (RICO)

Non-US Plaintiffs Allegedly Defrauded by Fund’s Investment in US Life Insurance Proceeds did not Suffer a US Domestic Injury Within the Meaning of RICO

Conduct in Poland that Injured a Polish Corporation is Subject to Private RICO Claim Because Defendant Invested Allegedly Unlawful Profits in the US to Thwart Plaintiffs’ Effort to Discover and Recover Lost Funds

Provisions of RICO Statute Authorizing Broad Assertion of Jurisdiction Do Not Apply to Claims Against Peruvians who Were Alleged Conspirators

Personal Jurisdiction/Forum Non Conveniens

No Personal Jurisdiction Over French Manufacturer of Allegedly Defective Component Incorporated into Product Sold by Different Manufacturer

Non-US Plaintiffs Allegedly Defrauded by Fund’s Investment in US Life Insurance Proceeds did not Suffer a US Domestic Injury Within the Meaning of RICO

Webinar Originating in Canada Cannot Support Jurisdiction in California

No Specific Personal Jurisdiction over German Car Manufacturer that Did Not Control Indirect US Subsidiary

Personal Jurisdiction Defense Waived Even Though Raised as an Affirmative Defense Because of Eleven-Month Delay in Pursuing It and Resulting Prejudice to Plaintiff

President and CEO of Mt. Gox Bitcoin Exchange Subject to Personal Jurisdiction in Illinois Because of the Extent of Mt. Gox’s interactions with Illinois Residents

Provisions of RICO Statute Authorizing Broad Assertion of Jurisdiction Do Not Apply to Claims Against Peruvians who Were Alleged Conspirators

No Personal Jurisdiction in Florida Over Australian Manufacturer of Motorcycle Parts Where Its Only Connections with The US Were (i) a Website Operated Globally that Did Not Account for Substantial Sales in Forum and (ii) California-Based US Distributors

US Laws Discussed in This Issue

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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