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The Territorial Barrier To Commodity Exchange Act Suits
While judicial ink has long been spilled on the extraterritoriality of the securities laws, growing attention is being paid to the overseas reach of the antifraud provisions of the Commodity Exchange Act (CEA). In September 2014, a divided panel of the U.S. Court of Appeals for the Second Circuit addressed the law's extraterritoriality in Loginovskaya v. Batratchenko , 764 F.3d 266 (2d Cir. 2014), with potentially far-reaching implications for private actions and government enforcement under the CEA, and perhaps other statutory schemes as well.
Background
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