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

Kevin M. McDonald

VW Credit, Inc.

Troy M. Yoshino

affiliation not provided to SSRN

Aengus H. Carr

affiliation not provided to SSRN

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

McDonald, Kevin M. and Yoshino, Troy M. and Carr, Aengus H., Crossing the (Border) Line: The Adverse Consequences of FCPA Enforcement against Foreign Companies Acting on Foreign Soil. Class Action Litigation Report, Vol. 11, 2010. Available at SSRN: https://ssrn.com/abstract=1653723

Kevin M. McDonald (Contact Author)

VW Credit, Inc. ( email )

2200 Ferdinand Porsche Dr.
Herndon, VA 20171
United States
703-251-5107 (Phone)

HOME PAGE: http://www.linkedin.com/in/kevmcdonald1

Troy M. Yoshino

affiliation not provided to SSRN ( email )

Aengus H. Carr

affiliation not provided to SSRN ( email )

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