The World in U.S. Courts:
Fall 2015

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)/Foreign Sovereign Immunity Act (FSIA)

District Court Allows ATS Claim To Proceed Where ExxonMobil Alleged To Have "Aided and Abetted" Violations of International Law in Indonesia through Actions Taken in the U.S.

District Court Finds Egyptian Holding Company of EgyptAir Airlines To Have Engaged in "Commercial Activity" in the U.S., But Dismisses Claim on FSIA Grounds Because the Claim Was Not "Based Upon" That Activity

District Court Rejects Argument that FSIA and Related Doctrines Preclude "Registration" of ICSID Arbitration Award against Romania by Federal Court

District Court Grants Common Law Immunity to Saudi Government Official Where FSIA Unavailable

District Court Finds No Personal Jurisdiction over Romanian Gun Manufacturer Whose Activities in the U.S. Did Not Target Forum State Arbitration

Arbitration

District Court Rejects Argument that FSIA and Related Doctrines Preclude "Registration" of ICSID Arbitration Award against Romania by Federal Court Securities Law

Securities Law

Court of Appeals Refuses To Apply Geographic Limitations of General Securities Fraud Statute to Investment Advisors Act White Collar Criminal Law

White Collar Criminal Law

District Court Applies "Fugitive Disentitlement Doctrine" To Bar Constitutional Due Process Challenge Brought by Non-U.S. Criminal Defendant Who Had Never Been Served Personal Jurisdiction/Forum Non Conveniens

Personal Jurisdiction/Forum Non Conveniens

District Court Finds Personal Jurisdiction over Indian Citizen Who Registered 580 Domain Names in India, Directing His Business Toward University of Phoenix Students in the United States

District Court Dismisses Employment Discrimination Claim Against Foreign Company Owned by U.S. Corporation For Lack of Personal Jurisdiction

District Court Finds No Personal Jurisdiction over Airline that Sold Tickets in New York Without Further Contact with the Forum

District Court Finds No Personal Jurisdiction over Canadian Company in Nebraska Resident's Suit for Disappointing St. Martin Vacation Rental

District Court Dismisses Shareholder Derivative Suit Brought Under Foreign Law under Doctrine of Forum Non Conveniens

District Court Authorizes Jurisdictional Discovery to Clarify Foreign Corporation's Connection to U.S.

District Court Finds No Personal Jurisdiction Over British Manufacturer Having Exclusive Sales Contract With Florida Corporation, But Orders Discovery On Jurisdictional Issue

District Court Finds No Personal Jurisdiction over Foreign Nationals, Companies, and Trusts Connected to Failed Investment Arrangement Between NY Investment Broker and Deceased French Investor

District Court Dismisses RICO Action Involving Non-U.S. Participants and a French Dispute on Forum Non Conveniens Grounds

District Court Finds No Personal Jurisdiction over a Saudi Arabian Titanium Dioxide Manufacturer That Has a Maryland-Based Subsidiary

District Court Finds Personal Jurisdiction over Foreign Executive for Tort He Knew Would Have a Detrimental Effect in U.S.

District Court Rejects Claims of Personal Jurisdiction over International Soccer Organization in Class Action in California

District Court Dismisses Defamation Suit Because Subsidiary Not Shown To Be "Alter Ego" of Parent

District Court Rejects Personal Jurisdiction Over French Company In Connection With Disputed Settlement Agreement

District Court Stays Motion to Dismiss on Personal Jurisdiction Grounds and Orders Jurisdictional Discovery, Noting that Additional Facts About the Foreign Parent's Relationship with Its Domestic Subsidiary Could Establish Specific Jurisdiction over the Parent

District Court Dismisses Personal Injury Case on Forum Non Conveniens Grounds Where New Jersey Plaintiff Was Injured at a Hotel in St. Kitts and Nevis Where She Was Living To Attend Medical School

District Court Finds Personal Jurisdiction Over Chinese Company with Washington Subsidiary in Trade Secrets Action

District Court in California Finds No Personal Jurisdiction Over German Patent Holder In Patent Non-Infringement Action Brought By Delaware Corporations

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