Crossing the (Border) Line: The Adverse Consequences of FCPA Enforcement against Foreign Companies Acting on Foreign Soil
Class Action Litigation Report, Vol. 11, 2010
4 Pages Posted: 6 Aug 2010 Last revised: 15 Sep 2010
Abstract
When a non-U.S. company takes action outside the United States, what country regulates that conduct? All too often, especially recently, the answer has been the United States. A primary tool used to exert jurisdiction is the Foreign Corrupt Practices Act (FCPA). This article analyzes recent developments surrounding that law, including the Supreme Court decision Morrison v. National Australia Bank, in which the Court has begun to scale back U.S. jurisdiction.
Keywords: securities law, civil procedure, extraterritorial jurisdiction
JEL Classification: K22, K41
Suggested Citation: Suggested Citation