The World in U.S. Courts:
Fall 2017

Decisions Discussed in This Issue

Please click the links below to read a summary of the decision listed. 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)/Political Question Doctrine

FSIA Does Not Exempt US Bank from Subpoena for Production of Records of Accounts Maintained by Central Bank of Nigeria

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

Claim Based on Illegal Manipulation of Securities Pricing Benchmark Allegedly Performed by Non-US Parties Outside the US May Proceed Where Limited to US Transactions in Derivatives

Intellectual Property – Patent

Claims of Infringement in US Support Request for Damages Arising from Sales in Other Countries

Hong Kong Holding Company’s Alleged Inducement of Infringement Supports Assertion of Specific Personal Jurisdiction

No Specific Personal Jurisdiction Over Italian Patentholder That Sent Cease-and-Desist Letters to Plaintiffs and Engaged in Sales Activities in Forum State

Intellectual Property – Trademarks/Lanham Act

Injunction Against Infringing Sales Outside US Limited to Canada Because Plaintiff’s Sales Elsewhere Were Insufficiently Substantial to Implicate US Commerce

Lanham Act Claim Dismissed for Failure to Allege Facts Supporting Claim of “Substantial Effect” on US Commerce

Bermuda Holding Company Responsible for Alleged Trademark Infringement in California

Intellectual Property – Copyright

Failure to Allege Infringing Acts in the US Dooms Claims Arising From Alleged Copyright Infringement at Hong Kong Trade Show

Copyright Infringement Claim Upheld Where Copies Made Outside US Were Distributed to US Recipients

Racketeer Influenced and Corrupt Organizations Act (RICO)

No US Domestic RICO Injury Inflicted on Chinese Plaintiff that Overpaid for US Soybeans in China

RICO "Pattern of Racketeering Activity" Based on Alleged Wire Fraud and Mail Fraud Found not to Require Extraterritorial Application of RICO Despite Much Conduct Originating in the UK

Claim Based on Illegal Manipulation of Securities Pricing Benchmark Allegedly Performed by Non-US Parties Outside the US May Proceed Where Limited to US Transactions in Derivatives

Competing RICO Claims Dismissed Because All Alleged Injuries Occurred Outside the US

Securities Law/Commodities Exchange Act (CEA)

US "Domestic" Securities Transaction Established Where "Irrevocable Liability" for Acquisitions of Securities Occurred in US, Even Though Title may Have Passed in Europe

Class Certification Vacated Where Record Did Not Establish All Class Transactions Were US "Domestic"

White Collar Criminal Law/Money Laundering

Criminal Statutes Found To Have Extraterritorial Application Because They Were In Furtherance Of The US Government’s Interest In Self-Protection

Personal Jurisdiction/Forum Non Conveniens

Hong Kong Holding Company Subject to Specific Personal Jurisdiction Even Though it Did Not Manufacture, Sell, or Import the Allegedly Infringing Products

No Personal Jurisdiction Over South American Entities Implicated in Bribery Scheme

Personal Jurisdiction Over Turkish Corporation and its CEO Based on their Being “Alter Egos” of New York Company

Targeting of California Residents in Advertising Campaign Supports Personal Jurisdiction over Bermuda Holding Company

No Personal Jurisdiction Over Swiss Corporations Under Stream of Commerce and Agency Theories

No Specific Personal Jurisdiction Over Italian Patentholder That Sent Cease-and-Desist Letters to Plaintiffs and Engaged in Sales Activities in Forum State

No Personal Jurisdiction Over Saudi, UAE, and British Banks that had No Contacts with the US

Personal Jurisdiction Over Chinese Defendants That Allegedly Infringed Plaintiff’s Copyrighted Photographs in China Based on Promotion to US Customer of the Plaintiff

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US Laws Discussed in This Issue

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