04.05.13 | Articles

Competing Approaches to FCPA Enforcement: Recent Cases Diverge

New York Law Journal

Within two weeks of each other, two judges in the SDNY reached different results in two SEC cases alleging violations of the Foreign Corrupt Practices Act. In both cases, the defendant never set foot in the United States. One judge ruled that there was personal jurisdiction over the defendant. The other ruled that there was no personal jurisdiction. A careful reading of the cases leaves the reader at a loss to articulate a guiding principle that should apply to the jurisdictional question raised in both cases.

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