The World in U.S. Courts:
Fall 2013

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)

District Court Lacks Jurisdiction to Hear Claims for Human Rights Violations in Syrian Civil War

Second Circuit Affirms Dismissal of ATS Claims for Sale of Cars to South African Government Under Apartheid Regime

Persecution of Falun Gong Members in China Not Actionable Under ATS or TVPA

Anti-Falun Gong Propaganda Directed at U.S. Insufficient to Confer Jurisdiction Under ATS

District Court Lacks Jurisdiction Under ATS Over Claims Against U.S. Company Accused of Conspiring with Colombian Paramilitary

District Court Has Jurisdiction Under ATS Over Claims Against U.S. Citizen Accused of Conspiring to Persecute Homosexuals in Uganda

Money Laundering in U.S. Banks Does Not Confer ATS Jurisdiction Over Claim for Wrongful Prosecution and Imprisonment in Ukraine

Criminal Law

Collection of Evidence in Mexico Irrelevant to Determination Whether Application of Law Was Impermissibly Extraterritorial

Apprehension of Suspect in International Waters, Not Territorial Waters of Another Nation, Precludes Extraterritoriality Challenge

Statute’s Express Coverage of Extraterritorial Conduct Supports Conviction

Wire Transfers from U.S. Accounts Support U.S. Jurisdiction

Statute’s Applicability to Conduct of U.S. Citizen Aboard Aircraft, Wherever Located, Defeats Extraterritorial Defense

Jurisdiction Exists Because Conduct Was Aimed at U.S. Citizens, Even Though Conducted Outside U.S.

Court of Appeals Affirms Virginia District Court Ruling That Defendant Was Guilty of Aiding and Abetting Piracy Even Though He Did Not Commit Any Acts “on the High Seas”

Use of Evidence Derived From Joint U.S.-Thai Search in Thailand Not Extraterritorial Application of Statute

Court Denies Claim of Manufactured Jurisdiction in Case Lacking Physical Contact with the United States

Intellectual Property (IP)

U.S. Jurisdiction Exists for U.S. Trademark Claim Where Foreign Violations Had Effect in U.S. Commerce

No U.S. Jurisdiction Where Trademark Claim Brought By Non-U.S. Citizen and Trademark Was Not Registered in U.S.

Damages for Trademark Violation Based on Infringing Activity on U.S. Website Not Reduced Became Some Users Accessed Site Form Outside U.S.

No U.S. Jurisdiction Where Servers Hosting Infringing Photographers Were Outside U.S., Despite Presence of “Thumbnail” Photos and Links on U.S. Servers

Racketeer Influenced and Corrupt Organizations Act (RICO)

No U.S. Jurisdiction Where Mexican Defendants Allegedly Defrauded Mexican Victim, Despite Financing of Venture Provided by U.S. Corporations

Securities

Questions Concerning Whether a Lead Plaintiff in a Securities Class Action Purchased Shares on a Domestic Exchange Do Not Bar the Certification of a Settlement Class

Section 10(b) and Rule 10b-5 Do Not Apply to Extraterritorial Conduct, Regardless of Whether Civil or Criminal Liability is Sought

Question Whether Congress Overruled Supreme Court Presumption Against Extraterritorial Application of Securities Laws Left Unresolved

Personal Jurisdiction

Personal Jurisdiction Over Patent Claim Found Where Defendant’s Assertions of Jurisdiction Not Believed

“Passive” Website of Swedish Corporation Does Not Support U.S. Defamation and Unfair Business Practices Claims

Presence of Local Subsidiary and General Commercial Activity Fails to Support Personal Jurisdiction for Transfer

Communication Directed to Forum at Time Different From When Claim Accrued Fails To Establish Personal Jurisdiction

Users’ Downloading and Use in the U.S. of Allegedly Infringing App Sold by Canadian Company Fails to Support Personal Jurisdiction

Product Liability Suit Against French Manufacturer Fails Where Defendant Did Not Sell in U.S. and U.S. Marketing Was Performed by U.S. Intermediary

Patent Infringement Claims Against Taiwan Company Dismissed Where No Evidence of Sales Into Forum State, but Discovery Permitted as to Marketing Activities

False Claims Act Case Could Proceed Against Jordanian Company that Was Long-Time U.S. Contractor That Had Targeted Business with U.S. Companies, and Where Company Employees Had Travelled to U.S. for Business Meetings

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