News & Analysis as of

Extraterritoriality Rules Foreign Corporations

Skadden, Arps, Slate, Meagher & Flom LLP

EU Court Upholds Commission’s Power To Demand Data Held by Foreign Companies

In Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following...more

Wyrick Robbins Yates & Ponton LLP

The Short Arm of GDPR? UK Court Decision Analyzes Application of GDPR to US-based Company

Organizations in the United States often ask us how to comply with GDPR. But starting with that question skips a key inquiry: the extent to which GDPR applies to a US company in the first place....more

Jones Day

UK Supreme Court Limits Serious Fraud Office's Extraterritorial Powers

Jones Day on

The Issue: The UK Supreme Court was asked to decide whether section 2 of the Criminal Justice Act 1987 granted the Serious Fraud Office ("SFO") powers to compel the production of documents held outside the United Kingdom. ...more

White & Case LLP

KBR – no paradigm shift for the SFO. We look back at what is.

White & Case LLP on

Much has been made of the Supreme Court's decision earlier this month in KBR, Inc. v Director of the Serious Fraud Office, in which it confirmed the limits on UK authorities' reach overseas in anti-corruption investigations....more

Skadden, Arps, Slate, Meagher & Flom LLP

English Supreme Court Limits Serious Fraud Office’s Extraterritorial Reach

On 5 February 2021, the UK Supreme Court ruled that the Serious Fraud Office (SFO) could not force a foreign company to hand over material that it holds abroad through a notice issued under Section 2(3) of the Criminal...more

WilmerHale

UK Supreme Court Ruling on Territorial Extent of SFO's Powers Impacts SFO’s Evidence Gathering Capabilities

WilmerHale on

On February 5, 2021 the Supreme Court handed down judgment in the case of R (on the application of KBR, Inc) v Director of the Serious Fraud Office, finding in favor of the Appellant, KBR, Inc (KBR). This high-profile case...more

WilmerHale

UK Supreme Court Rules on Territorial Extent of SFO’s Powers

WilmerHale on

On February 5, 2021 the Supreme Court handed down judgment in the case of R (on the application of KBR, Inc) v Director of the Serious Fraud Office, finding in favor of the Appellant, KBR, Inc (KBR). This high-profile case...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Mulls Scope of Alien Tort Statute in Nestle, Cargill

On December 1, 2020, the U.S. Supreme Court heard oral argument in a pair of related cases presenting questions about the scope of the Alien Tort Statute (ATS), a frequent topic of debate before the Court in recent years. In...more

Barnea Jaffa Lande & Co.

United States: Enhanced Enforcement Policy regarding Anti-Corruption and Bribery Law on Non-US Citizens and Companies

Last November, a Connecticut jury convicted Mr. Hoskins on six counts of bribing a foreign public official under the Foreign Corrupt Practices Act (FCPA), and on three counts of money laundering. This is an important red...more

Faegre Drinker Biddle & Reath LLP

Dot Your I’s and Cross Your T’s: Running a Successful Global Promotion

The rules for sweepstakes, contests, and other promotions vary dramatically by country, and sometimes by province or local jurisdiction. A promotion that is perfectly legal in the United States is not necessarily permitted in...more

Mintz - Intellectual Property Viewpoints

The Tall Tale of the Domestic Industry

There is a common misconception the domestic industry economic prong requirement is insurmountable and an unknowable factor in a patent infringement action at the International Trade Commission (“ITC” or “Commission”),...more

A&O Shearman

Supreme Court Seeks Solicitor General's Input On Granting Certiorari For Case Raising The Question Of Whether A Non-U.S. Corporate...

A&O Shearman on

On January 14, 2019, the United States Supreme Court invited the Solicitor General to file a brief expressing the views of the United States in connection with a pending petition for writ of certiorari regarding whether, in...more

Sheppard Mullin Richter & Hampton LLP

Foreign Companies: Does the U.S. Government Now Have Access to Your Overseas Data?

The United States government has a powerful new tool to gain access to data stored overseas – the CLOUD Act, which was enacted this spring. If you are a company based overseas, particularly if you use a cloud service provider...more

White and Williams LLP

Despite Limited Restriction on Extraterritorial Reach, Second Circuit Leaves Potential for FCPA Liability Wide Open

White and Williams LLP on

The reach of the Foreign Corrupt Practices Act (FCPA) extends to companies and individuals. One example of the breadth and significance of FCPA prosecutions is found in the federal government’s investigation of Alstom S.A., a...more

Mintz - Privacy & Cybersecurity Viewpoints

That Local Representative Problem . . . and the New Guidelines on the Territorial Scope of the GDPR (Part I)

Companies based outside of the European Union sometimes find it challenging to determine whether the General Data Protection Regulation (GDPR) applies to them. And if they finally work out that the GDPR applies, they then...more

Hogan Lovells

BHR 360: Business and Human Rights Newsletter

Hogan Lovells on

Welcome to the second edition of BHR 360, our bi-annual Business and Human Rights newsletter. In the last edition, we looked at key BHR trends and what to watch out for in 2018. In this edition, we look back on a year full of...more

Troutman Pepper

Second Circuit Limits Extraterritorial Application of FCPA

Troutman Pepper on

On August 24, the U.S. Court of Appeals for the Second Circuit issued a decision that announced a new and important limitation on the application of the Foreign Corrupt Practices Act (FCPA)....more

Cozen O'Connor

The Second Circuit Narrows the Extraterritorial Reach of the FCPA

Cozen O'Connor on

The U.S. Department of Justice has long taken an expansive view of the territorial reach of the Foreign Corrupt Practices Act (FCPA). Indeed, the FCPA Resource Guide specifically states that foreign nationals and companies...more

Foley & Lardner LLP

Recent Enforcement Actions Demonstrate Multinational Automotive Companies Should Conduct Risk Assessments

Foley & Lardner LLP on

Regulators within the Trump administration have sent a loud message that should concern all multinational automotive companies: laws governing international activities continue to be the subject of intense enforcement...more

Nilan Johnson Lewis PA

Minneapolis Paid Sick Leave Faces Legal Fight on Extraterritorial Application

Nilan Johnson Lewis PA on

On May 9, 2018, the Hennepin County District Court issued an order largely upholding Minneapolis’s Sick and Safe Time Ordinance, which provides for sick and safe leave. However, Minneapolis cannot enforce the ordinance...more

Littler

U.S. Supreme Court Forecloses the Liability of Foreign Corporations Under the Alien Tort Statute

Littler on

On April 24, 2018, in a 5-4 decision, the U.S. Supreme Court held that foreign corporations cannot be sued in the United States under the Alien Tort Statute, 28 U.S.C. § 1350 ("ATS"). ...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Holds that Foreign Corporations May Not Be Held Liable Under the Alien Tort Statute

In Jesner v. Arab Bank, PLC, 584 U.S. ___, 2018 WL 1914663 (U.S. Apr. 24, 2018) (Kennedy, J.), the Supreme Court of the United States held that foreign corporations may not be sued under the Alien Tort Statute (“ATS”), 28...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Forecloses Foreign Corporate Liability Under the Alien Tort Statute

• The Supreme Court in Jesner v. Arab Bank ruled 5-4 that suits against foreign corporations under the ATS are barred, answering a question left unresolved in Kiobel v. Royal Dutch Petroleum Co. • Although the decision...more

Dechert LLP

SCOTUS Holds Alien Tort Statute Cannot Be Used to Sue Foreign Corporations

Dechert LLP on

Resolving a circuit split, the U.S. Supreme Court held Tuesday that common law liability under the Alien Tort Statute (ATS) does not extend to foreign corporations. Jesner v. Arab Bank, PLC, No. 16-499, 2018 WL 1914663...more

Hogan Lovells

Foreign corporations cannot be sued under the Alien Tort Statute – Jesner v Arab Bank: the verdict

Hogan Lovells on

The Supreme Court of the United States (SCOTUS) has ruled in the case of Jesner v Arab Bank. On a 5:4 majority, the court ruled that foreign corporations are excluded from the scope of the Alien Tort Statute (ATS). ...more

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