The World in U.S. Courts:
Spring 2015

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.

Torture Victims Protection Act (TVPA)/Anti-Terrorism and Effective Death Penalty Act of 1996 (ADEPA)/Foreign Sovereign Immunity Act (FSIA)

District Court Concludes that Extraterritoriality of the TVPA Is To Be Determined Based on Location Where Forced Labor Allegedly Occurred and Where Persons Were Allegedly Trafficked

District Court Holds that FSIA Does Not Preclude ICSID Judgments From Being Enforced in an Ex Parte Proceeding Under New York Law

AEDPA Prosecution Constitutional Because Non-U.S. Conduct Targeted at U.S.

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

District Court Finds that Claims by Non-U.S. Class Members Arising From Alleged Manipulation of Global Foreign Exchange Markets Are Barred by the FTAIA

Court of Appeals Upholds Convictions of Participants in LCD Conspiracy Based on Requisite Impact on U.S. Commerce

Arbitration

District Court Holds that ICSID Judgments Can Be Enforced in an Ex Parte Proceeding Under New York Law

Intellectual Property (Patent)

District Court Holds That Defendant's Supplier-Indemnitor Has Standing To Intervene To Assert Claims Against Plaintiff Because its Wholly Extraterritorial Conduct Might Still Support a Claim Against it for Contributory Infringement

Intellectual Property (Copyright and Trademark)

District Court Concludes that Holder of Non-U.S. Trademark Lacks Standing To Sue Holder of Confusingly Similar U.S. Mark

In Ex Parte Proceeding, District Court Enters Temporary Restraining Order Against Canadian Defendants Alleged To Have Fraudulently Resold Microsoft Software

Racketeer Influenced and Corrupt Organizations Act (RICO)

District Court Declines to Resolve Circuit Conflict as to the Extraterritorial Reach of RICO Because Alleged Crime is Domestic Under any Standard

District Court Finds Personal Jurisdiction Over Non-U.S. Defendants Based on Agency Theory and Maintenance of Residence

District Court Dismisses RICO Claim Based on Extortion That Was Centered in India

Court of Appeals Affirms Dismissal of RICO Complaint on Res Judicata Grounds, Despite Issue Having Been Resolved "Without Prejudice" in Arbitration

Securities Law

Court of Appeals Upholds Conviction Under Section 10(b) Where U.S. Market Makers Facilitated Trades by Non-U.S. Persons

District Court Holds That "Spread Bets" Made Outside the U.S. Could Trigger Liability Under Section 10(b) of the Exchange Act

Forum Non Conveniens/International Comity

Claim by Korean Company Arising Out of Currency Transactions with Citibank Affiliate in Korea Dismissed on Forum Non Conveniens Grounds, Despite Residence of All Defendants in Forum State

White Collar Criminal Law

District Court Rules that Manipulation of LIBOR Yen Rate by Alleged Co-Conspirators in Japan and Singapore Does Not Implicate Impermissible Extraterritorial Application of the Wire Fraud Statute

Personal Jurisdiction

District Court Finds No Personal Jurisdiction Over Swiss Bank Arising Out of Claimed Violations in Switzerland

District Court Finds Personal Jurisdiction over Kazakh Bank Sued by Panamanian Corporations under the Securities and Exchange Act of 1934

District Court Exercises Personal Jurisdiction in Breach of Contract Case where Plaintiff Presented Sufficient Prima Facie Evidence of Defendant's Minimum Contacts with the Forum State

District Court Finds Personal Jurisdiction Over Non-U.S. Defendants Based on Agency Theory and Maintenance of Residence

District Court Finds No Personal Jurisdiction Over Italian Manufacturer Sued for Indemnification in a Products Liability Action Because Contacts of Affiliated Companies Could Not Be Attributed to It

District Court Declines to Exercise Personal Jurisdiction Where Plaintiff Failed to Show that the Cause of Action Arose from the Actions of Non-U.S. Defendants in the Forum State

District Court finds Personal Jurisdiction over Defendant in Contract and Tort Case from Sale of Jewelry

District Court Concludes that Alleged Extortion Plot Focused In India Did Not Involve Sufficient Contacts With California To Support Jurisdiction

District Court Exercises Personal Jurisdiction over Parent of Wholly-Owned Subsidiary in Title VII Discrimination Case where Parent "Transacted Business" in New York

District Court Exercises Personal Jurisdiction where Defendant Purposefully Availed itself of the Privilege of Conducting Activities in the Forum State

District Court Permits Post-Judgment Discovery of New York Affiliate of Non-U.S. Bank Registered With New York Banking Regulators

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