Deciphering RJR Nabisco's 'Domestic Injury' Requirement

Law360
January.05.2017

Rob Reznick, David Goldstein and Logan Dwyer co-authored an article for Law360 that reviews the U.S. Supreme Court’s articulation of the “domestic injury” requirement in RJR Nabisco v. European Union. Since the Supreme Court ruling came down six months ago, several district courts have tried to determine whether a plaintiff has pleaded a “domestic injury.” They have employed dramatically different analyses, none of which seemingly is consistent with RJR Nabisco itself. This article examines the requirement, what courts have made of it, and where they have gone wrong.

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Robert Reznick Senior Counsel, Complex Litigation & Dispute Resolution, Antitrust & Competition

Washington, D.C.

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Technology & Innovation Sector
Complex Litigation & Dispute Resolution
Antitrust & Competition
Intellectual Property

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Robert Reznick Senior Counsel

Washington, D.C.

He currently is national coordinating counsel for a major oil company in connection with its climate change litigation. He previously served as co-lead counsel to a major international pharmaceutical manufacturer in the defense of nationwide litigation challenging industry pricing practices.

Rob’s experience includes extensive work in antitrust and False Claims Act cases, claims alleging fraud, and agency enforcement actions. His pharmaceutical industry activities include service as outside counsel to and Corporate Secretary of the Pharmaceutical Security Institute, Inc., the industry’s not-for-profit trade organization dedicated to the fight against pharmaceutical counterfeiting.

He is Managing Editor of The World in U.S. Courts, Orrick’s quarterly review of court decisions addressing personal jurisdiction over non-U.S. parties and the extraterritorial application of U.S. law to global business and cross-border activities.

Rob also served two terms on the District of Columbia Bar’s Pro Bono standing committee. Before joining Orrick, he was a partner in Hughes Hubbard & Reed LLP and Clifford & Warnke, in Washington, D.C.