News & Analysis as of

Statutory Interpretation Foreign Corporations

WilmerHale

U.S. Supreme Court Holds That FSIA Does Not Require Plaintiffs to Prove Minimum Contacts to Establish Personal Jurisdiction Over a...

WilmerHale on

On June 5, 2025, the U.S. Supreme Court held in a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. that the Foreign Sovereign Immunities Act (FSIA) does not require plaintiffs to show that a foreign state...more

A&O Shearman

New York Court Of Appeals Affirms Dismissal Of Derivative Action Brought By Shareholder Of Foreign Corporation, Holding That New...

A&O Shearman on

On May 20, 2025, the New York Court of Appeals affirmed the dismissal of a derivative action asserting claims for breach of fiduciary duty against officers and directors of a corporation incorporated under the laws of England...more

Goodwin

You May Have Already Agreed to Be Sued in Pennsylvania and Georgia: The Supreme Court Makes Jurisdiction Easier For State-Court...

Goodwin on

The US Supreme Court has held that companies can be forced, as a condition of doing business in a state, to agree to be sued in that state’s courts — even if the lawsuit has nothing to do with that state. In its June 27,...more

BCLP

Does the Supreme Court’s Extensive Personal Jurisdiction Jurisprudence Risk Going Off the Rails?

BCLP on

The Supreme Court held that a corporation can be subject to personal jurisdiction in a state in which it has registered to do business—solely on that basis, and regardless of the extent of its operations in that state. ...more

Sullivan & Worcester

The Most Draconian Tax Rule in the World

Sullivan & Worcester on

In today's blog, we look at the most draconian tax rule in the world and examine whether the rule is valid. In addition, we examine a recent United States Tax Court case where the court upheld this draconian rule against a UK...more

Allen Matkins

Are Some Publicly Held California Corporations Exempt From The State's Female Board Quota Law?

Allen Matkins on

Corporations Code Section 301.3(a) provides: "No later than the close of the 2019 calendar year, a publicly held domestic or foreign corporation whose principal executive offices, according to the corporation’s SEC 10-K...more

Allen Matkins

Did The Secretary Of State Break The Law By Amending The Corporate Disclosure Form?

Allen Matkins on

California's Administrative Procedure Act requires that a state agency follow a rigorous notice and comment process when adopting a regulation. Although the APA broadly defines "regulation", forms are excepted. Gov't Code...more

Troutman Pepper Locke

Second Circuit Limits Extraterritorial Application of FCPA

Troutman Pepper Locke 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

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