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Extraterritoriality Rules

Jones Day

Climate Inaction and Human Rights: The ECtHR's Cautious Approach in De Conto and Uricchio v. Italy and Others

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As climate litigation spreads across Europe, the European Court of Human Rights ("ECtHR") is increasingly asked to evaluate whether insufficient climate action by States may violate the rights enshrined in the European...more

Fish & Richardson

Brumfield and Its Wake: Extraterritorial Sales in Reasonable Royalty Damages

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In 2024, the Federal Circuit set forth a standard for determining whether extraterritorial sales activity could be considered in a reasonable royalty award for patent infringement. Here, we summarize the court’s opinion in...more

Foley & Lardner LLP

Did the Eleventh Circuit Just Open the Door to Potential Extraterritorial Application of California’s Noncompete Ban?

Foley & Lardner LLP on

A recent Eleventh Circuit Court of Appeals decision highlights the importance (and potential limits) of robust choice-of-law provisions in noncompete agreements, as courts and employers far-flung from California grapple with...more

Hogan Lovells

Myanmar’s Cybersecurity Law Comes into Effect: Key implications for international stakeholders

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Following its enactment earlier this year, Myanmar's Cybersecurity Law No. 1/2025 (the “Cybersecurity Law”) came into effect on 30 July 2025. It introduces a comprehensive framework regulating both domestic and international...more

Epstein Becker & Green

Expanding the Reach of the DTSA: New Ruling Clarifies “Act in Furtherance” Requirement

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Last summer, in a case of first impression, the U.S. Court of Appeals for the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd held that the Defend Trade Secrets Act (the “DTSA”) rebuts the...more

Epstein Becker & Green

Extraterritorial Application of the DTSA: Recent Decision Continues to Develop “Act in Furtherance” Element

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Last summer, in a case of first impression, the U.S. Court of Appeals for the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd held that the Defend Trade Secrets Act (the “DTSA”) rebuts the...more

Dacheng

Cross-Border Data Processing under the "Offshore Model": China's Regulatory Approach in Comparative Context

Dacheng on

As the digital economy continues to thrive and remote work becomes increasingly mainstream, an “offshore model” of business operation has emerged. Under this model, companies may provide services to users in a given...more

Jones Day

Extraterritorial Reach of Italian/UK FDI Rules: Are In-Country Sales Sufficient Nexus?

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In two recent decisions in the defense and national security sector, the Italian Foreign Direct Investment Authority ("FDI Authority") asserted jurisdiction in connection with two acquisitions of non-Italian companies that...more

Vinson & Elkins LLP

Build Once, Comply Twice: The EU AI Act’s Next Phase is Around the Corner

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The European Union has kicked off a new era of AI regulation. With the Artificial Intelligence Act (“the Act”), which went into force on August 1, 2024, the EU has established the world’s first comprehensive legal framework...more

Faegre Drinker Biddle & Reath LLP

Courts Continue to Find the Federal Trade Secrets Act Reaches Extraterritorial Conduct

Summary - Courts across the country have found that the DTSA can reach a foreign defendant’s conduct when — in the words of 18 U.S.C. § 1837(2) — “an act in furtherance” of the misappropriation was committed in the United...more

Sheppard Mullin Richter & Hampton LLP

Understanding the U.S. Embassy Paris Certification Requirement

Last week, the U.S. Embassy in Paris issued a letter and certification form to multiple French companies requiring companies that serve the U.S. Government to certify their compliance with U.S. federal anti-discrimination...more

Cooley LLP

Money Laundering: The UK Supreme Court’s Decision in El-Khouri Changes Scope of Extraterritoriality Under POCA

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In the recent judgment in El-Khouri v. Government of the United States of America, a case concerning the operation of the double criminality rule in the context of extradition, the UK Supreme Court made a seminal ruling on...more

Hogan Lovells

Japan: Supreme Court Decision — Closing a loophole for patent infringements in cross-border network systems

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On March 3, 2025, the Supreme Court of Japan upheld the original judgment that found patent infringement in respect of the acts performed on a server located outside Japan, virtually affirming the extraterritorial application...more

Troutman Pepper Locke

SCOTUS Declines to Decide Missouri Corporation's Question of International Comity and State Law

Troutman Pepper Locke on

International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity...more

A&O Shearman

Supreme Court clarifies extraterritorial scope of UK money laundering offences

A&O Shearman on

The Supreme Court has ruled that the Proceeds of Crime Act 2002 (POCA) only catches substantive money laundering acts committed in the UK. This simplifies the assessment for companies when considering whether to file a report...more

White & Case LLP

Course correction: The Supreme Court’s decision in El-Khouri and its impact on extraterritoriality in money laundering cases

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The UK Supreme Court has handed down its decision in El-Khouri (Appellant) v Government of the United States of America (Respondent). Amongst other things, the judgement has overturned the often-criticised Court of Appeal...more

BakerHostetler

Requiem for Task Force KleptoCapture: The Future of Russia Sanctions Enforcement

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On February 5, 2025, the new Attorney General announced the disbanding of Task Force KleptoCapture, which was launched in March 2022 to enforce the sweeping portfolio of sanctions against Russia. KleptoCapture was part of an...more

Fish & Richardson

The Most Interesting Appellate Cases of 2024

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Appellate courts issued a variety of notable intellectual property (IP) cases in 2024, including cases touching on Orange Book listings, extraterritoriality, willful infringement, design patent obviousness, and public...more

Fenwick & West LLP

California’s Climate-Related Disclosure Laws Live To Fight Another Day

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On February 3, 2025, the U.S. District Court for the Central District of California granted a motion to dismiss filed by the California Air Resources Board (CARB), dismissing plaintiffs’ claims that SB 253 (the Climate...more

Seyfarth Shaw LLP

Navigating Cross Border Whistleblower Investigations: A EU/UK Perspective

Seyfarth Shaw LLP on

"The truth is rarely pure and never simple," said Oscar Wilde, and nowhere is this more evident than in the complex and ever-evolving world of whistleblowing investigations. In the wake of high-profile scandals and the #MeToo...more

Womble Bond Dickinson

What in the [Meta]World?: Abitron Creates More Questions than Answers

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At a glance, a unanimous Supreme Court, holding that two provisions of the trademark-governing Lanham Act (15 U.S.C. §§ 1114(1)(a) and 1125(a)(1)) do not apply extraterritorially and extend only to alleged infringement in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Political Changes Are Unlikely To Fundamentally Alter Key Sanctions

Key Points - - Political transitions in the West notwithstanding, we expect economic sanctions to remain a key response to geopolitical issues. - Current sanctions policy priorities are unlikely to shift markedly in...more

McDermott Will & Schulte

Equity Is Neither a “Good” Nor a “Service” Under Lanham Act

The US Court of Appeals for the Ninth Circuit affirmed a district court’s decision that, in terms of trademark use in commerce, corporate equity is not a “good” or “service” under the Lanham Act. LegalForce RAPC Worldwide, PC...more

Mayer Brown

PRC Network Data Security Management Regulations

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On 30 September 2024, the State Council of the People's Republic of China published the Network Data Security Management Regulations (the “Regulations”).1 These Regulations finalise the Draft Regulations released for public...more

Morrison & Foerster LLP

China’s New Export Control Framework: Key Changes for Dual-Use Items

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On December 1, 2024, two key components of China’s export control regime took effect: the “Regulations on Export Control of Dual-Use Items” (“DIR”) and the “Export Control List of Dual-Use Items” (the “Dual-Use Items List”)....more

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