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Foreign Defendant’s Accessing of Infringing Software Stored on U.S. Server Can Form Basis for Jurisdiction

March.05.2013

Rhapsody Solutions, LLC v. Cryogenic Vessel Alternatives, Inc. (U.S. District Court, S.D. Tex., Mar. 5, 2013) If a part of an act of copyright ...

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Plaintiff’s Failure to Demonstrate a Lack of Conflict Between Foreign and U.S. Trademark Laws Dooms Extraterritorial Injunction

March.04.2013

United Airlines, Inc. v. United Airways, Ltd. (U.S. District Court, E.D.N.Y., Mar. 4, 2013) The U.S.-based mega airline carrier United Airlines sued ...

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Court of Appeals Holds That Group Using Aggressive Tactics at Sea to Interfere with a Whaling Vessel Can Be Held Liable for Piracy under Alien Tort Statute

February.25.2013

Institute of Cetacean Research, a Japanese Research Foundation v. Sea Shepherd Conservation Society (U.S. Court of Appeals 9th Circuit, Feb. 25, ...

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Conviction for Conduct on the High Seas Affirmed Even Though There Was No Connection to the U.S.

February.20.2013

United States v. Carvajal (U.S. District Court, D.D.C., Feb. 20, 2013) A district court in Washington, D.C. affirms the conviction of two foreign ...

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For Foreign Stock Sales to Foreign Investors, a Domestic Escrow Agent Is Insufficient to Establish a Domestic Transaction Even If the Bulk of the Fraudulent Activity Occurred in the U.S.

February.15.2013

Securities & Exchange Commission v. Benger (U.S. District Court, N.D. Ill., Feb. 15, 2013) A district court in Chicago concludes that, even though ...

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Antitrust Claim by Terminated Distributor That Sold Manufacturer’s Products in Argentina Fails To Allege Required Effect on U.S. Market, Despite Some Allegedly Unlawful Conduct in the U.S.

January.29.2013

Ubiquiti Networks, Inc. v. Kozumi USA Corp. (U.S. District Court, N.D. Cal., Jan. 29, 2013) A U.S. District Court in San Francisco rules that ...

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No Jurisdiction for Trademark Infringement Where Defendant Did No Business in U.S.

January.18.2013

Int’l Academy of Business & Financial Management v. Mentz (U.S. District Court, D. Col., Jan. 18, 2013) Under the Lanham Act, U.S. Congress has the ...

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Securities Fraud Class Could Not Include Investors Who Purchased the Defendant Company’s Stock Outside of the U.S.

January.11.2013

In re SMART Technologies, Inc. Shareholder Litigation (U.S. District Court, S.D.N.Y., Jan. 11, 2013) In this securities fraud class action under the ...

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U.S. Acts of Copyright Infringement Can Serve As Predicate Basis for Jurisdiction Over Third Party Contributory Infringement Outside the U.S.

January.07.2013

Minden Pictures, Inc. v. Pearson Education, Inc. (U.S. District Court, N.D. Cal., Jan. 7, 2013) The “predicate act doctrine” allows recovery of ...

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RICO Applies to Extraterritorial Conduct That Is Part of a Pattern of Racketeering Activity That Geographically Includes the U.S.

January.03.2013

United States v. Chao Fan Xu (U.S. Court of Appeals, 9th Cir., Jan. 3, 2013) The U.S. Court of Appeals for the Ninth Circuit affirms the conviction ...

Insight

Securities Fraud Claims In Multiple Actions Dismissed Under Morrison Because Securities Transactions Were Deemed To Constitute Foreign Transactions

January.02.2013

In re Satyam Computer Services Securities Litigation (U.S. District Court, S.D.N.Y., Jan. 2, 2013) This case arose out of an alleged fraud concerning ...

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The World in U.S. Courts:
Winter 2016

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