Fourth Circuit Affirms Extraterritorial Injunction in IP Dispute
The Fourth Circuit (Judge J. Harvie Wilkinson III) recently affirmed an extraterritorial preliminary injunction in a cross-border intellectual property dispute. In dmarcian Inc. v. DMARC Advisor BV, the court engaged in distinct extraterritorial analyses of federal trademark law, federal trade secret law, and state tortious interference claims. It is a particularly well-written opinion worth reading…
Continue ReadingChina’s Jurisdictional Maximalism
In 2020, Chinese courts issued an unexpected wave of anti-suit injunctions over just five months. These injunctions targeted major foreign owners of telecommunications technology, many of them European, and barred them from pursuing foreign litigation related to their patents. In 2022, the European Union (“EU”) filed a request for consultations at the World Trade Organization…
Continue ReadingDistrict Court Holds that Federal Destruction of Property Statute Is Not Extraterritorial
On December 21, 1988, a bomb planted onboard brought down Pam Am Flight 103 over Lockerbie, Scotland, killing 259 people on the plane and 11 more on the ground. By special agreement, two Libyan intelligence agents were tried for the bombing by a Scottish court sitting in the Netherlands. One was acquitted and the other…
Continue ReadingDistrict Court Rejects Constitutional Challenge to TVPA
On June 9, 2026, in Boniface v. Viliena, Judge Allison D. Burroughs (District of Massachusetts) rejected a challenge to the constitutionality of the Torture Victim Protection Act (TVPA), holding that the act applies extraterritorially to torture and extrajudicial killing between aliens and that Congress had authority to pass the act under the Offenses Clause of…
Continue ReadingThrowback Thursday: RJR Nabisco v. European Community
Ten years ago, on June 20, 2016, the U.S. Supreme Court handed down its decision in RJR Nabisco, Inc. v. European Community. The Court held that two of RICO’s criminal provisions apply extraterritorially to the same extent as RICO’s predicate offenses, but that RICO’s civil cause of action applies only when there is injury to…
Continue ReadingNew Paper on Currency-Based Jurisdiction in U.S. Sanctions Enforcement
Customary international law limits the authority of nations to regulate extraterritorially. As described in TLB’s Primer on Extraterritoriality, a nation may exercise jurisdiction to prescribe if there is a “genuine connection” between that nation and what it wants to regulate. Customary international law limits on jurisdiction to prescribe apply to sanctions programs no less than…
Continue ReadingSDNY Certifies Class in Major Crypto Case
The Southern District of New York recently certified a class action involving allegations of market manipulation in the cryptocurrency sector. Judge Katherine Polk Failla’s certification order addresses one of the key challenges in this type of litigation: the intersection between limits on the extraterritorial application of U.S. regulatory law and the requirements for class certification…
Continue ReadingExtraterritorial Application of the Digital Millennium Copyright Act
Congress passed the Digital Millennium Copyright Act (DMCA) in 1998 to criminalize the circumvention of access controls to copyrighted works. Section 1201 provides: “No person shall circumvent a technological measure that effectively controls access to a work protected under this title.” Section 1203 allows a person injured by a violation of that provision to sue…
Continue ReadingFourth Circuit Affirms $42 Million Jury Verdict in Abu Ghraib Case
Editor’s Note: This article also appears in Just Security. Between October and December 2003, interrogators hired by CACI Premier Technology, Inc., along with members of the U.S. military, abused detainees at Abu Ghraib prison in Iraq, subjecting them to sexual assault, forced nudity, dog threats and attacks, prolonged stress positions, and threats. In 2008, some…
Continue ReadingThrowback Thursday: The Helms-Burton Act’s 30th Anniversary
Thirty years ago today, on March 12, 1996, President Clinton signed into law the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, better known by the names of its principal sponsors as the Helms-Burton Act (“the Act”). The Act was designed to sanction Fidel Castro’s government and to encourage a transition to a democratically…
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