Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
New FCPA Decision Limits DOJ's International Reach
In recent years, we have seen the Department of Justice (DOJ) expand its international focus, as it looks to punish foreign nationals, often for conduct that occurred almost entirely outside of the territorial borders of the United States, such as in the Libor and FX benchmark cases. See, United States v. Allen, 864 F.3d 63, 90 (2d Cir. 2018) (reversing conviction where compelled testimony in the United Kingdom was used against the defendants, both UK nationals, who were "hale[d] … into the courts of the United States to fend for their liberty"); United States v. Hayes, 118 F. Supp. 3d 620, 628-29 (S.D.N.Y. 2015) (prosecution of Swiss and UK nationals in U.S. courts where crime involved U.S. wire communications).
DOJ's eagerness to look outside of the United States in its investigations, however, has not been matched by judicial enthusiasm concerning the extraterritorial application of U.S. law. On the contrary, we have seen a string of Supreme Court decisions over the past decade that limit the reach of U.S. law. See, e.g., RJR Nabisco v. European Community, 136 S. Ct. 2090, 2110-11 (2016) (limiting the international reach of the Racketeer Influenced and Corrupt Organizations Act); Kiobel v. Royal Dutch Petroleum, 133 S. Ct. 1659, 1669 (2013) (limiting the international reach of the Alien Tort Claims Act); Morrison v. Nat'l Australia Bank Ltd., 561 U.S. 247, 273 (2010) (holding that section 10(b) only reaches misconduct in connection with the purchase or sale of a security listed on an American stock exchange, or a purchase or sale in the United States).
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.