Crossing the (Border) Line: The Adverse Consequences of FCPA Enforcement against Foreign Companies Acting on Foreign Soil

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.

Number of Pages in PDF File: 4

Keywords: securities law, civil procedure, extraterritorial jurisdiction

JEL Classification: K22, K41

Accepted Paper Series