The World in U.S. Courts:
Spring 2014

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)/Victims of Trafficking and Violence Protection Act (VTVPA)

District Court Refuses To Apply 2008 Amendment to VTVPA That Gave Statute Extraterritorial Effect to Conduct Occurring in 2004

Court of Appeals Finds TVPA, but not ATS, Applicable to Claims of Torture in Bangladesh

U.S. District Court Holds That Development of Software in U.S. That Was Alleged to Have Facilitated Political Persecution and Torture in China Is "Arguably" a Sufficient Basis for an ATS Claim

Antitrust

Price-fixing Claims Could Be Brought in U.S. Where Meetings Outside the U.S. Related to Price-fixing in U.S. Market

Court of Appeals Sharply Limits Price-Fixing Claims Against Non-U.S. Defendants That Sold Products to Non-U.S. Companies for Resale in the U.S.

Employment Discrimination—Section 1981 Claims

District Court Refuses to Apply Employment Discrimination Remedy of 42 USC § 1981 to Conduct at U.S. Bagram Airfield in Iraq

Intellectual Property (Copyright)

In Copyright Dispute, Federal Magistrate Judge Permits Discovery in France and the U.K. of Non-U.S. Uploading of Allegedly Unlicensed Recordings to U.S. Online Music Libraries and of Importation into the U.S. of Allegedly Infringing Recordings

District Court Applies Copyright Act to United Kingdom Uploading of Pirated Japanese Anime Videos to U.S. YouTube Severs

Intellectual Property (Patent)

District Court Finds Non-U.S. Manufacture and Sale of Chips Capable of Supporting Infringement Claim Where Sales Made Pursuant to Contract Between Two U.S. Parties

Intellectual Property (Trademark)

U.S. District Court Enters Order Prohibiting Use of Confusing Mark in Canada, Even Though No U.S. Consumers Confused and Plaintiff Held No Registered Canadian Mark

Racketeer Influenced and Corrupt Organizations Act (RICO)/Hobbs Act

District Court Finds "Pattern of Racketeering Activity" "Conceived and Orchestrated" From U.S. but Substantially Implemented Elsewhere Supports RICO Claim

District Court Rejects RICO Claim Based on Alleged Extraterritorial Securities Fraud

White Collar Criminal

Wire Fraud Statute Reaches Communications Between U.S. and Non-U.S. Actors

Securities Law

District Court Applies Section 10(b) to Transactions Made by U.S. Trader Instructed by Non-U.S. Clients

Personal Jurisdiction

Southern District of Texas Finds No Personal Jurisdiction Over West Indies Insurance Company That Maintained Administrative Office in Texas

Anguillan Resort Subject to Personal Jurisdiction Due to Failure to File Affidavits in Support of its Motion to Dismiss

Southern District of New York Rejects Personal Jurisdiction Over Citigroup Subsidiary and Subsidiary CEO Based on Links With New York Parent

Delaware District Court Holds Allegedly Forged Delaware Notarization Seal Does Not Confer Personal Jurisdiction Under Delaware Personal Jurisdiction Statute

California District Court Finds Personal Jurisdiction Over Parties Alleged to Have Conspired to Fix Prices in the U.S.

Court Finds Personal Jurisdiction Over Chinese Drywall Manufacturer Due to Repeated Sales of Made-To-Order Products To U.S. Distributor

Court Rejects Personal Jurisdiction Over Austrian Bank in Suit Over Tax Scheme to Manufacture Deductible Losses Where Contacts Associated With Loan Agreement Were Irrelevant to the Claimed Injury

District Court Finds Personal Jurisdiction Over Quebec Corporation that Negotiated and Executed Contract with U.S. Company and Made Numerous Visits to Iowa Over Two Years

Personal Jurisdiction Upheld Over English Manufacturer That Was Aware Goods Were Destined for New York

Newly Limited General Personal Jurisdiction Standard Leads to Dismissal for Austrian Banks in Land Purchase Dispute

District Court Dismisses Slander and Libel Claims Against Spanish Basketball Federation for Lack of Personal Jurisdiction Where No Contacts With Forum Alleged

Southern District of Texas Finds No Personal Jurisdiction Over Former Employee Whose Extensive Contacts With the Forum Ended Prior to His Allegedly Unlawful Activities

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