The World in U.S. Courts:
Summer 2015

Decisions Discussed in This Issue

Please click the links below to read a summary of the decision described. Copies of any case discussed in this issue are available upon request.

Please note that Orrick may be representing parties in the cases discussed below. Nothing in the informal summaries contained in this publication should be taken as commenting on the merits of cases, or as binding constructions of court opinions that are discussed.

Alien Tort Statute (ATS)/Foreign Sovereign Immunity Act (FSIA)

District Court Rejects Applicability of "Commercial Activity" Exception to FSIA Because Neither Alleged Expropriation nor Commercial Activity Was Undertaken by Sovereign

District Court Dismisses ATS Claim Against Bank Where Alleged U.S. Wire Transfers Were Not Connected With Alleged Attacks Outside the U.S.

Intellectual Property (Copyright)

District Court Allows Claims of Infringement of Non-U.S. Copyright Laws by Non-U.S. Parties

Racketeer Influenced and Corrupt Organizations Act (RICO)

Full U.S. Court of Appeals for the Second Circuit Declines in Divided Vote to Rehear Groundbreaking Decision on Extraterritorial Application of RICO Statute

White Collar Criminal Law

U.S. Magistrate Upholds Prosecution of Non-U.S. Defendant Arrested on the High Seas, and Having No Connection With the U.S.

District Court Finds Bribery and Wire Fraud Statutes Have No Extraterritorial Application, and Dismisses Other Charges Where Defendants, Acts, and Impact Did Not Involve U.S. Interests

Warranties

District Court Holds That Magnuson-Moss Act Does Not Apply to Sale of U.S.-Manufactured Yacht in Canada

Personal Jurisdiction/Forum Non Conveniens

District Court Finds Personal Jurisdiction Over Four Uruguayan Citizens Who Opened Their Accounts in Uruguay But Who Maintained an Ongoing Investment Account and Conducted Securities Transactions in New York

District Court Finds Personal Jurisdiction over Japanese Company Involved in Designing a Defective Automobile Part Prone to Failure

District Court Finds No Personal Jurisdiction Over a Canadian Media Corporation with No Real Property, Offices, Bank Accounts, or other Assets in New York

District Court Finds Personal Jurisdiction Over Canadian Production Company with California Subsidiary

District Court Allows Claims of Infringement of Non-U.S. Copyright Laws by Non-U.S. Parties

District Court Denies Motion To Dismiss on Personal Jurisdiction Grounds Because Defendants' Evidence Was Contradictory and Required Credibility Determination that Could Only Be Made Later in the Case

Court of Appeals Finds No Personal Jurisdiction Over a Brazilian Insurance Company That Contracted With Another Brazilian Company To Insure Property and Persons Situated in Brazil

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U.S. Laws Discussed in This Issue

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