Extraterritoriality

Important New Handbook on Extraterritoriality

Many TLB readers will share my excitement and appreciation for the brand-new Research Handbook on Extraterritoriality in International Law, a volume of wide-ranging expert analyses edited by Austen Parrish and Cedric Ryngaert. The volume explores extraterritoriality from a full range of perspectives rarely (if ever) brought together in one place. I am reading it cover-to-cover…

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Will the Supreme Court Resolve the Circuit Split on the Geographic Scope of Wire Fraud Statute?

The federal wire fraud statute is a workhorse for federal prosecutors. In 2021, there were more than 4,500 federal prosecutions for fraud, theft, or embezzlement, constituting 8% of federal criminal cases. The wire fraud statute is particularly important in transnational fraud cases, because communicating with people in the United States using U.S. wires is considered…

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The New (Old) Presumption Against Extraterritoriality

The reach of U.S. law keeps changing. For decades—in fact, off and on for more than a century—U.S. courts have turned to the presumption against extraterritoriality to determine the geographic scope of federal statutes. When the presumption changes, so does the reach of U.S. law. And the presumption has changed a lot lately. Most recently,…

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Ninth Circuit Applies New Supreme Court Interpretation of RICO’s Geographic Scope

On August 11, 2023, the Ninth Circuit became the first lower court to apply the new test for “domestic injury” under RICO that the Supreme Court announced in Yegiazaryan v. Smagin (2023). In Global Master International Group, Inc. v. Esmond Natural, Inc., the Ninth Circuit held that a Chinese company stated a valid civil RICO…

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Using TLB to Teach Foreign Relations Law

This post discusses Foreign Relations Law as part of our series explaining how professors can use resources on TLB to teach various classes. Previous posts have discussed Transnational Litigation, Civil Procedure, International Business Transactions, and Conflict of Laws. Although TLB focuses on litigation, and Foreign Relations Law classes cover many topics that are rarely litigated, there is significant…

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Supreme Court Roundup (October Term 2022)

During its 2022 Term, which ended four weeks ago, the Supreme Court decided five cases with important implications for transnational litigation. The questions included whether the Foreign Sovereign Immunities Act (FSIA) applies to criminal proceedings; the standard for aiding and abetting under the Anti-Terrorism Act (ATA); whether states may exercise general personal jurisdiction over foreign…

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Abitron Eliminates Circuit Tests but Causes More Confusion

During the oral argument in Abitron Austria GMBH v. Hetronic International, Inc., Justices Alito, Sotomayor, Gorsuch, and Barrett all expressed concern over whether the Court should overrule its 1952 decision in Steele v. Bulova Watch Co (1952). A reader of the Court’s majority decision by Justice Alito might be surprised to see that the majority…

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Two New Supreme Court Decisions on the Presumption Against Extraterritoriality

The end of the Supreme Court’s term brought two decisions on the presumption against extraterritoriality, a significant and contested interpretive canon for federal statutes. Yegiazaryan v. Smagin ruled 6-3 that a civil RICO suit based on an alleged scheme to fraudulently conceal assets belonging to a U.S. judgment debtor had sufficient domestic content to fit…

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What is a “Domestic Application” of the Lanham Act? The Supreme Court Creates More Questions than It Answers

In Abitron Austria Gmbh v. Hetronic International, Inc., the Supreme Court appears to have returned to its recent preference for bright-line rules in cases assessing the extraterritoriality of federal statutes, but the brightness of this rule will dim as other fact patterns are considered.

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Supreme Court Holds that Trademark Statute Applies Only to Domestic Conduct

Last week, in Abitron Austria GmbH v. Hetronic International, Inc., the Supreme Court held that the federal trademark statute—known as the Lanham Act—applies only to domestic conduct infringing U.S. trademarks. The case involved foreign companies that put U.S.-protected trademarks on products that they made in Europe, most of which were sold to customers abroad, but…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Matt Slovin

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Noah Buyon

Duke University School of Law
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Will Moon

University of Maryland
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William K. McGoughran

Vanderbilt Law School
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Chimène Keitner

UC Davis School of Law
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Catherine Amirfar

Debevoise & Plimpton LLP
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Justin R. Rassi

Debevoise & Plimpton LLP
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Isabelle Glimcher

Debevoise & Plimpton LLP
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Ben Köhler

Max Planck Institute for Comparative and International Private Law
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Aaron D. Simowitz

Willamette University College of Law
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