Decisions Discussed in This Issue |
Please click the links below to read a summary of the decision listed. Also, clicking on the name of a linked statute will take you to a statutes summary page. 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.
US Supreme Court Holds That the Existence of Property and its Expropriation “in Violation of International Law” Must be Established at the Outset of Litigation for the FSIA’s “Expropriation Exception” to Apply
Evidence That Non-US Transactions Were Initiated During Business Hours in New York by Traders Following New York Holiday Schedule Supported “Plausible” Claim That Securities Transactions Occurred on US Exchange
District Court Certifies for Immediate Appeal its Holding That Economic Injury Suffered by the Plaintiff at its Headquarters Outside the US was not a “US Domestic Injury” and Therefore Could not Support a Private RICO Claim
Orchestration of Bribery Scheme Outside the US That Allegedly Made US Securities Filings Fraudulent Does not Support Assertion of Personal Jurisdiction Where the Defendant was not Involved in Preparing or Making the Filings
Use of US Banks as Clearinghouses for Dollar-Denominated Wire Transfers Between Non-US Companies and Non-US Accounts Supported Prosecution Based on Money Laundering and Transportation of Stolen Property Even Though Defendant Claimed to be Unaware of The US Connection