Extraterritoriality refers to the application of a nation’s law to persons, conduct, or property outside its own territory. Customary international law allows nations to regulate extraterritorially on a number of different bases, including effects, nationality, and universal jurisdiction. Nations generally limit the extraterritorial application of their laws to a greater extent than customary international law requires. For example, the United States applies a presumption against extraterritoriality to federal law and sometimes imposes additional limitations as a matter of prescriptive comity. Some U.S. states have their own presumptions against extraterritoriality, which may differ from the federal presumption.
A Primer on Extraterritoriality
Extraterritoriality refers to the application of a state’s law beyond the state’s borders. Although the word “extraterritorial” often has negative connotations, international law permits a great deal of extraterritorial regulation. In a world where trade, information, crime, and lots of other things regularly cross borders, states often have an interest in regulating beyond the strict…
Continue ReadingHalkbank Files New Cert Petition
Halkbank, a Turkish state-owned bank accused of violating U.S. sanctions on Iran, filed a petition for certiorarilast week seeking a second chance to convince the Supreme Court that it is immune from criminal prosecution in the United States. In its first trip to the Court, back in 2023, Halkbank argued that it was entitled to…
Continue ReadingWhen Is a Securities Transaction “Domestic” Under Morrison?
In Morrison v. National Australia Bank (2010), the Supreme Court held that § 10(b) of the Securities Exchange Act applies only to “transactions in securities listed on domestic exchanges, and domestic transactions in other securities.” This holding doomed the securities fraud claims in Morrison because the plaintiffs purchased their shares on the Australian Securities Exchange….
Continue Reading$29.8 Million Judgment in First-Ever Helms-Burton Jury Trial
A Cuban-American plaintiff has won a major jury verdict in the Southern District of Florida against four corporate defendants associated with Expedia Group. The case involves an island off the coast of Cuba, which the plaintiff, Mario Echevarría, claimed was expropriated from his family in 1959. The defendants provided digital platforms that allowed travelers to…
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