The World in U.S. Courts:
Summer and Fall 2016

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)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA)

District Court Dismisses ATS Claim Where Alleged Conduct in U.S. Was Not Directly Linked to Injuries Claimed in Other Countries

District Court Dismisses ATS Claim Where None of the Plaintiffs, defendants, or Activities Were Linked to the U.S.

District Court Refuses to Enforce Third-Party Subpoenas Against Branches of Non-U.S. Banks that would Require Them to Search for Records Worldwide

District Court Finds Claim Alleging Torture by a U.S. CIA Contractor Not Barred by the "Political Question" Doctrine or Based on Improper Extraterritorial Application of the ATS

Anti-discrimination Statute, 42 USC § 1981

District Court Dismisses Claim for Acts of Discrimination that Did Not Take Place in the U.S.

Antitrust/Competition/Foreign Trade Antitrust Improvements Act (FTAIA)

District Court Upholds Antitrust Jury Verdict Against Non-U.S. Manufacturers of Price-Fixed Components even though Sales to U.S. Customers Were Made by Independent Importers

District Court Dismisses Price-Fixing Claims for Transactions in "Foreign" Currency Exchange Rates Except for Direct Transactions between U.S. Plaintiffs and Non-U.S. Trading Desks of Non-U.S. Banks

District Court Dismisses Antitrust Claim Because Plaintiffs Resided, and Relevant Transactions Occurred, in Asia

Intellectual Property – Trademark (Lanham Act)

Court of Appeals Applies Lanham Act to Canadian Operations of Canadian Company Where No Allegedly Infringing Products Entered the U.S.

Intellectual Property – Patent

Court of Appeals Finds No U.S. "Sale or "Offer of Sale" in U.S. Despite U.S. Master Agreement and Price

District Court Refuses to Assert Personal Jurisdiction Over Defendants in Declaratory Judgment Action Where Neither Took Steps to Enforce or Defend Its Patents in the Forum

Intellectual Property – Copyright

District Court Dismisses Copyright Infringement Claim Directed To Thousands of Non-U.S. Websites Where No Targeting or Sales to Forum Shown

District Court Finds Canadian Architectural Firm Subject to Suit in California Based on Alleged Willful Infringement of Copyrights to CAD Software in Canada

District Court Leaves For Trial Question whether Ex-U.S. Profits of Stairway to Heaven may be Recovered in U.S. Copyright Action

Jones Act (Covering Injuries at Sea)

District Court Dismisses Case Where Ship Owner’s Only Significant Contact with the U.S. was the Maintenance of an Office

Racketeer Influenced and Corrupt Organizations Act (RICO)

U.S. Supreme Court Concludes that Extraterritorial Application of RICO Depends on Extraterritorial Reach of Underlying Criminal Violations, but that Private Plaintiff Must Show U.S. Injury

District Court Dismisses RICO Claim on Finding that Plaintiff Suffered Injury in Panama, where He Resides, Even Though Funds Were Stolen From His Bank Account in New York

District Court Dismisses RICO Claim Where the Plaintiff's Business was Injured in Brazil, and It did not Relinquish Possession of its Property in the U.S.

Court of Appeals Affirms RICO Convictions Where Murder in Mexico Affected Commerce in the U.S.

District Court Finds Diminution in Value of Singaporean Company Whose Stock Was Owned by U.S. Parent Cannot be Claimed as a RICO "Injury"

Securities Law/Commodities Exchange Act (CEA)

District Court Restricts Currency Manipulation Claims to Transactions on U.S. Exchanges

District Court Dismisses CEA Claim Where Relevant Transactions Occurred in Asia

District Court Finds Allegedly Inflated Profit Reports by Toshiba Cannot Support Securities Claim Arising out of Purchase of U.S. ADS

Stored Communications Act (SCA)

Court of Appeals Refuses to Enforce Warrant Requiring Production of Email Information Held on Microsoft Server in Ireland

Personal Jurisdiction/Forum Non Conveniens/ Foreign Sovereign Immunity Act (FSIA)

Personal District Court Finds Specific Personal Jurisdiction over Nonresident Because He Traveled to Michigan and Successfully Solicited Investments from American Citizens

District Court Dismisses Case against Foreign Holding Company with No Direct Activities in the State

Court of Appeals Finds No General Personal Jurisdiction Over Non-U.S. Companies Even Though the Focus of their U.S. Operations Was in the Forum State

District Court Finds Personal Jurisdiction over UK Managing Partner of California Investment Fund Company

Court of Appeals Affirms Dismissal of Suit Against U.S. Corporation's Foreign Parent Company for Lack of Personal Jurisdiction

Court of Appeals Reverses Dismissal on Forum Non Conveniens Grounds Where Defendants Claimed no Connection to India but Also maintained that India was an Alternative Forum for the  Dispute

District Court Finds Personal Jurisdiction Based on Sales on Products into Forum State

District Court Declines to Dismiss Case Against Japanese Bank Over Failed Bitcoin Exchange Despite Presence of Significant Evidence and Witnesses in Japan

District Court Declines to Dismiss Case on Forum Non Conveniens Grounds Even Though Adequate Alternative Forum Exists

District Court Finds Personal Jurisdiction over Foreign Insurer and Rejects Dismissal Based on Forum Non Conveniens

District Court Finds No Personal Jurisdiction over Non-U.S. Banks Alleged to have manipulated LIBOR through Non-U.S. Conduct

Court Finds that "Corporate Shield" Doctrine Does Not Preclude Assertion of Personal Jurisdiction over Partner of Company on Whose Behalf he Acted in Forum

District Court Finds Personal Jurisdiction over Icelandic Defendants That Installed Machinery in Minnesota

District Court Transfers Case to Florida on Finding That Personal Jurisdiction Could be Based on Italian Company's Prior Sale of Allegedly Defective Amusement Park Ride to Florida Company

District Court Dismisses Case against Japanese Corporations that only Sold Products to the U.S. Indirectly

District Court Finds that Meetings in Forum Sufficient to Establish Personal Jurisdiction over Canadian Entities

Court Finds No Personal Jurisdiction over Japanese Parent Company on Basis that Parent-Subsidiary Relationship Does Not Satisfy Minimum

District Court Asserts Jurisdiction Over Canadian Company Based on Internet Sales Facilitated by Independent Contractors

District Court Finds No personal Jurisdiction Over Sovereign Petroleum Company or Employment Recruiter having Limited Contacts with Forum

District Court Finds No Personal Jurisdiction over Indian Citizen Whose Presence in New York Was Inadequately Explained or documented by the Plaintiffs

District Court Asserts General personal Jurisdiction over Non-U.S. Companies on Finding that they were "Mere Departments" of Affiliated U.S. Company

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