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Extraterritoriality Rules

Sheppard Mullin Richter & Hampton LLP

Understanding the U.S. Embassy Paris Certification Requirement

Last week, the U.S. Embassy in Paris issued a letter and certification form to multiple French companies requiring companies that serve the U.S. Government to certify their compliance with U.S. federal anti-discrimination...more

Cooley LLP

Money Laundering: The UK Supreme Court’s Decision in El-Khouri Changes Scope of Extraterritoriality Under POCA

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In the recent judgment in El-Khouri v. Government of the United States of America, a case concerning the operation of the double criminality rule in the context of extradition, the UK Supreme Court made a seminal ruling on...more

Hogan Lovells

Japan: Supreme Court Decision — Closing a loophole for patent infringements in cross-border network systems

Hogan Lovells on

On March 3, 2025, the Supreme Court of Japan upheld the original judgment that found patent infringement in respect of the acts performed on a server located outside Japan, virtually affirming the extraterritorial application...more

Troutman Pepper Locke

SCOTUS Declines to Decide Missouri Corporation's Question of International Comity and State Law

Troutman Pepper Locke on

International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity...more

A&O Shearman

Supreme Court clarifies extraterritorial scope of UK money laundering offences

A&O Shearman on

The Supreme Court has ruled that the Proceeds of Crime Act 2002 (POCA) only catches substantive money laundering acts committed in the UK. This simplifies the assessment for companies when considering whether to file a report...more

White & Case LLP

Course correction: The Supreme Court’s decision in El-Khouri and its impact on extraterritoriality in money laundering cases

White & Case LLP on

The UK Supreme Court has handed down its decision in El-Khouri (Appellant) v Government of the United States of America (Respondent). Amongst other things, the judgement has overturned the often-criticised Court of Appeal...more

BakerHostetler

Requiem for Task Force KleptoCapture: The Future of Russia Sanctions Enforcement

BakerHostetler on

On February 5, 2025, the new Attorney General announced the disbanding of Task Force KleptoCapture, which was launched in March 2022 to enforce the sweeping portfolio of sanctions against Russia. KleptoCapture was part of an...more

Fish & Richardson

The Most Interesting Appellate Cases of 2024

Fish & Richardson on

Appellate courts issued a variety of notable intellectual property (IP) cases in 2024, including cases touching on Orange Book listings, extraterritoriality, willful infringement, design patent obviousness, and public...more

Fenwick & West LLP

California’s Climate-Related Disclosure Laws Live To Fight Another Day

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On February 3, 2025, the U.S. District Court for the Central District of California granted a motion to dismiss filed by the California Air Resources Board (CARB), dismissing plaintiffs’ claims that SB 253 (the Climate...more

Seyfarth Shaw LLP

Navigating Cross Border Whistleblower Investigations: A EU/UK Perspective

Seyfarth Shaw LLP on

"The truth is rarely pure and never simple," said Oscar Wilde, and nowhere is this more evident than in the complex and ever-evolving world of whistleblowing investigations. In the wake of high-profile scandals and the #MeToo...more

Womble Bond Dickinson

What in the [Meta]World?: Abitron Creates More Questions than Answers

Womble Bond Dickinson on

At a glance, a unanimous Supreme Court, holding that two provisions of the trademark-governing Lanham Act (15 U.S.C. §§ 1114(1)(a) and 1125(a)(1)) do not apply extraterritorially and extend only to alleged infringement in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Political Changes Are Unlikely To Fundamentally Alter Key Sanctions

Key Points - - Political transitions in the West notwithstanding, we expect economic sanctions to remain a key response to geopolitical issues. - Current sanctions policy priorities are unlikely to shift markedly in...more

McDermott Will & Emery

Equity Is Neither a “Good” Nor a “Service” Under Lanham Act

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s decision that, in terms of trademark use in commerce, corporate equity is not a “good” or “service” under the Lanham Act. LegalForce RAPC Worldwide, PC...more

Mayer Brown

PRC Network Data Security Management Regulations

Mayer Brown on

On 30 September 2024, the State Council of the People's Republic of China published the Network Data Security Management Regulations (the “Regulations”).1 These Regulations finalise the Draft Regulations released for public...more

Morrison & Foerster LLP

China’s New Export Control Framework: Key Changes for Dual-Use Items

Morrison & Foerster LLP on

On December 1, 2024, two key components of China’s export control regime took effect: the “Regulations on Export Control of Dual-Use Items” (“DIR”) and the “Export Control List of Dual-Use Items” (the “Dual-Use Items List”)....more

Jones Day

U.S. Supreme Court to Consider Constitutionality of Federal Personal Jurisdiction Over Extraterritorial Acts

Jones Day on

The U.S. Supreme Court will consider whether U.S. courts have personal jurisdiction over foreign defendants under the Promoting Security and Justice for Victims of Terrorism Act ("PSJVTA")....more

Sheppard Mullin Richter & Hampton LLP

The Proliferation of Trade Secret Misappropriation and U.S. Enforcement Choices

미국의 영업 비밀 소송 호황기 This is a boom time for trade secret litigation in the U.S. The underlying conditions driving the boom include the growing mobility of the global workforce, the ease with which electronic data can be...more

Faegre Drinker Biddle & Reath LLP

N.C. Federal Court Casts Doubt on Extraterritorial Reach of State Telemarketing Statute

The Middle District of North Carolina recently denied, in part, a motion seeking dismissal of serial TCPA plaintiff Craig Cunningham’s complaint alleging violations of the TCPA and the North Carolina Telephone Solicitations...more

WilmerHale

UK Government Publishes Guidance on New Failure to Prevent Fraud Offence

WilmerHale on

On 6 November 2024, the UK Government published the much-anticipated guidance on the new corporate offence of failure to prevent fraud (the “Guidance”). The failure to prevent fraud offence forms part of a huge shift in the...more

Sheppard Mullin Richter & Hampton LLP

Companies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law

Following the Seventh Circuit’s recent decision in Motorola Solutions Inc. v. Hytera Communications Corp. Ltd., the United States may become a destination venue for resolution of global trade secret disputes. The Seventh...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Sanctions Puzzle: Key Areas To Watch in 2025 and Beyond

The past weeks and months have brought about tremendous political change in the West, as we move toward a new U.S. administration, a new College of Commissioners in Brussels and a new Polish presidency of the Council of the...more

Jones Day

Failure-to-Prevent-Fraud Offense: UK Government Publishes Guidance on Required Policies

Jones Day on

The UK Government has published much-anticipated guidance (the "Guidance­") on the new corporate offense of failure to prevent fraud (introduced under the Economic Crime and Corporate Transparency Act 2023 ("ECCTA")), which...more

A&O Shearman

Polish Competition Authority clarifies merger control rules on notification of extraterritorial joint ventures

A&O Shearman on

In a much-anticipated move, the Polish Competition Authority's (PCA) revised guidelines on the criteria and procedure for notifying the intention of a concentration (Guidelines) have clarified the criteria for mandatory...more

Troutman Pepper Locke

Extraterritoriality — RICO Report Podcast

Troutman Pepper Locke on

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this installment,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

International Data Transfers Remain Under EU and UK Regulatory Scrutiny

Organisations that make international transfers of personal data have undergone significant challenges and changes over the last few years. With the invalidation of the Privacy Shield agreement in 2020 and the introduction of...more

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