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Jurisdiction Foreign Nationals

BakerHostetler

CFIUS, Congress and State Legislatures Respond to Foreign Investments in U.S. Real Estate

BakerHostetler on

Recent acquisitions of land by foreign buyers have sparked concern that the current jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review such transactions is not broad enough. CFIUS,...more

Lowenstein Sandler LLP

District Court Imposes Limits on the Extraterritorial Reach of the Foreign Corrupt Practices Act and the Money Laundering Control...

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In a rare court-room victory for a Foreign Corrupt Practices Act (FCPA)1 defendant, on November 10, 2021, the United States District Court for the Southern District of Texas dismissed a three-count indictment against Daisy...more

Rumberger | Kirk

Florida Car Accident Lawsuits: How to Apply the Brakes on Plaintiffs

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Looking for the Most Generous County - When a Canadian is sued in Florida, moving the case from the Florida state court system to the U.S. federal court system usually is a good move for the defense. But sometimes, making...more

Akin Gump Strauss Hauer & Feld LLP

Reminder Regarding the Jurisdictional Reach and Limits of U.S. Export Control, Sanctions, and Foreign Investment Regulations

United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media...more

Eversheds Sutherland (US) LLP

Hoskins escapes FCPA convictions while money laundering convictions remain

On February 26, 2020, the US District Court for the District of Connecticut reinforced the Second Circuit’s recent decision to limit prosecutors’ ability to pursue Foreign Corrupt Practices Act (FCPA) charges against foreign...more

BCLP

Judge Overturns FCPA Conviction on Lack of Evidence of Agency

BCLP on

In a closely followed case, on February 26, 2020, a District Court Judge in Connecticut granted Lawrence Hoskins’ motion for acquittal on the seven FCPA counts on which the jury convicted him. Hoskins was a UK citizen who...more

Holland & Knight LLP

D.C. Circuit Affirms Forum Non Conveniens Dismissal of Flight MH370 Claims

Holland & Knight LLP on

The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed the forum non conveniens dismissal of wrongful death and product liability claims brought by personal representatives and beneficiaries of...more

Sheppard Mullin Richter & Hampton LLP

Navigating Dangerous Shoals: The Murky but Critical Territorial Boundaries of U.S. Antitrust Jurisdiction

Virtually all significant antitrust cases these days have an international component. Markets now are worldwide. Consequently, one of the most frequently litigated—and most important issues—is the extent of U.S. jurisdiction....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

Latham & Watkins LLP

Second Circuit Reinforces FCPA’s Jurisdictional Limits

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Ruling holds that the government cannot use conspiracy and accomplice liability theories to reach foreign nationals that lack US ties. Key Points: ..Non-resident foreign nationals who are not otherwise subject to direct...more

Bass, Berry & Sims PLC

Second Circuit Rejects DOJ Theories on FCPA Conspiracy and Jurisdictional Allegations

Bass, Berry & Sims PLC on

In a much-anticipated decision, the U.S. Court of Appeals for the Second Circuit ruled Friday that the Foreign Corrupt Practices Act (FCPA) did not apply to a foreign national acting outside the United States without direct...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

Bennett Jones LLP

Ontario Court of Appeal Grounds Class Action Jurisdiction Challenges

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Companies in Canada or doing business with Canadians beware. The Ontario Court of Appeal has held that Ontario courts can take jurisdiction in class actions over plaintiffs who are not Canadian, do not live or work here, and...more

Proskauer - Corporate Defense and Disputes

Second Circuit To Determine Whether Artful Pleading Can Extend FCPA Jurisdiction

Prosecutors in the District of Connecticut have appealed a district court’s ruling that conspiracy and aiding and abetting charges cannot be used to extend the FCPA’s jurisdictional reach. The FCPA has three...more

WilmerHale

Federal Judge Rejects DOJ’s Theory of FCPA Accomplice Liability

WilmerHale on

On August 13, 2015, a US district judge dismissed a charge seeking to hold a defendant criminally liable for conspiracy to violate the Foreign Corrupt Practices Act (FCPA) if he is not a principal or agent of a US domestic...more

Troutman Pepper

Federal Judge Rejects Government's Accomplice Theory of FCPA Liability

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The ruling stands as a blow to the government’s long-held view that non-resident foreign nationals are subject to the FCPA if they conspire with or aid and abet a person or entity otherwise subject to the FCPA. ...more

Hinshaw & Culbertson LLP

11th Circuit: The EEOC Can't Always Get What It Wants

Hinshaw & Culbertson LLP on

The Eleventh Circuit Court of Appeals recently shouted down the EEOC's broad subpoena powers when it held that the Commission wasn't entitled to hiring and firing information relating to Royal Caribbean's workers and job...more

Pillsbury Winthrop Shaw Pittman LLP

Daimler AG v. Bauman: Court Again Rejects a “Sprawling View of General Jurisdiction”

On January 14, 2014, the U.S. Supreme Court in Daimler AG v. Bauman held that Argentinian plaintiffs could not sue a German car manufacturer in California for human rights violations allegedly committed in Argentina. The...more

Morrison & Foerster LLP

The Second Circuit Speaks: The Presumption Against Extraterritoriality Applies to Criminal Prosecutions

Last Friday, the Second Circuit held that the presumption against extraterritoriality applies to criminal cases, resolving a key question left open by the United States Supreme Court in Morrison v. National Australia Bank,...more

Saul Ewing LLP

Second Highest Penalty in FCPA History Comes with a Caution from the Bench about the Limits of the Act’s Jurisdiction

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In Brief - The Foreign Corrupt Practices Act covers a nearly boundless range of business conduct by issuers and their agents in an ever more global world. Yet the contrast in sentences handed down in two recent FCPA...more

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