The World in U.S. Courts:
Spring 2018

Decisions Discussed in This Issue |

We have simplified our presentation of case summaries.  Please click on the area of law you are interested in (for example, “Intellectual Property – Trademark,” and you will be brought to all of the case summaries relating to it. 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.

Foreign Sovereign Immunity Act (FSIA)

Chinese Company Found Not to Be “Organ” of the State Because Factual Assertions Improperly Supported by Declaration on In-house Lawyer

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

FTAIA Precludes Claim Based Allegedly Anticompetitive Conduct in Canada Despite Argument That Conduct Weakened Competition in the US

Intellectual Property – Copyrights

Two Decisions Explore the implications of Geoblocking

Intellectual Property – Trademark

Global Injunction Against Trademark Infringement Upheld Because Both Parties Were US Companies, Confusion in EU Would Be Felt in the US, and Defendant’s EU Trademark Had Not Yet Issued

Specific Personal Jurisdiction over Canadian Vodka Seller Found Where It Had Engaged Marketers, Distributors, and Legal Counsel in Forum to Obtain Required Approvals and Sell Its Vodka Within the State

Although Weight of Allegedly Infringing Conduct and Effects Was Centered in Germany, Lanham Act Applied Extraterritorially Where Defendants Allegedly Engaged in Intentional Preliminary Misconduct in the US

Racketeer Influenced and Corrupt Organizations Act (RICO)

RICO Claim Against US Entities Rejected Because Injury to Potential Legal Claims Was “Suffered” Only in Non-US Location Where Plaintiff Was Based

Payments to US Healthcare Provider by Government of Bermuda from Bermuda-Based Accounts Do Not Constitute US Domestic Injury

Specific Personal Jurisdiction Based on Allegation of Scheme to Target US for Sale of Diesel Automobiles That Did Not Satisfy Environmental Requirements

No US Domestic Injury Found Where Extensive US Conduct Led to Payment Made by One Korean Company to Another Korean Company, in Korea

Securities Law/Commodities Exchange Act (CEA)

Claims of Manipulation of Trades on US-Based Globex Trading Platform Used by Korean Options Exchange Cannot Lead to Liability Under the CEA

White Collar Criminal Law/Money Laundering

Wire Fraud Statute Applies to Any Fraudulent Electronic Transmission Between the US and Another Country

Personal Jurisdiction/Forum Non Conveniens

Forum Non Conveniens Not Available Where Moving Defendant Failed to Establish It Was Amenable to Process in an Alternative Forum

German Citizen Living in Hong Kong Cannot Sue Turkish Airline in New York for Emotional Distress from Cancellation of Flight from Italy to Hong Kong

Specific Personal Jurisdiction Based on Allegation of Scheme to Target US for Sale of Diesel Automobiles That Did Not Satisfy Environmental Requirements

Specific Personal Jurisdiction over Canadian Vodka Seller Found Where It Had Engaged Marketers, Distributors, and Legal Counsel in Forum to Obtain Required Approvals and Sell Its Vodka Within the State

District Court Finds Personal Jurisdiction over Swiss Corporation That Required Its Distributor to Market Throughout the US

Personal Jurisdiction in Illinois Cannot Be Based on Check Deposited in New York

Shareholder Derivative Action Having Substantive Ties to Israel Dismissed on Forum Non Conveniens Grounds Where Only Link to Forum Was Corporation’s Incorporation There

Non-US Bank Dismissed from Madoff Litigation Because Its Contacts with the Forum Were Too Limited and Unrelated to Claims

US Laws Discussed in This Issue

Editorial Board