Extraterritoriality — RICO Report Podcast
EU, UK and US Trade Sanctions: Application and Latest Developments [Video Recording]
What to Expect from the Supreme Court During Obama’s Second Term
International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity...more
After three years of uncertainty over the Serious Fraud Office’s (“SFO”) powers to obtain documents located overseas, the UK Supreme Court has clarified the extraterritorial effect of the legislation facilitating that power...more
The Court of Appeal has granted an anti-enforcement injunction restraining a US company from taking steps to enforce a US judgment in the US courts where such enforcement exorbitantly interferes with the jurisdiction of the...more
Over a year following enactment of the U.S. “Clarifying Lawful Overseas Use of Data” or CLOUD Act, significant questions remain unanswered about the law and its potential impact on global investigations involving cloud stored...more
The Bottom Line - In vacating judgments from both the District Court and the Bankruptcy Court of the Southern District of New York, the Second Circuit held, in In re Picard, 917 F.3d 85 (2d Cir. 2019), that the trustee...more
On February 25, 2019, the United States Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the presumption against extraterritoriality or by international comity...more
On February 25, 2019, the U.S. Court of Appeals for the Second Circuit vacated the bankruptcy court’s dismissal of avoidance actions brought by Irving Picard, the trustee (Trustee) for the liquidation of Bernard L. Madoff...more
The Second Circuit holds that the presumption against extraterritoriality and international comity do not bar recovery of purely foreign transfers. Key Points: ..The Second Circuit focused on the initial transfer from...more
On February 27, 2018, the U.S. Supreme Court heard oral arguments in United States v. Microsoft, No. 17-2. The case presents the question whether a U.S.-based entity (Microsoft) must comply with a judicially-authorized...more
Last week, in In re Search Warrants Nos. 16-960-M-01and 16-1061-M to Google, a federal magistrate judge in the Eastern District of Pennsylvania ordered Google to comply with three search warrants to turn over users’...more
The two federal antitrust agencies, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) jointly issued a proposed update to the Agencies’ 1995 Antitrust Guidelines for...more
Late last week, the U.S. Court of Appeals for the Ninth Circuit determined a court had jurisdiction to decide a trademark lawsuit filed by a U.S. grocery store against a Canadian reseller where the products at issue were only...more
Ever since the Supreme Court issued its opinion in Morrison v. National Australia Bank, Ltd., 561 U.S. 247 (2010), courts have been making their own interpretations of what Morrison means for whether certain transactions are...more