It is not uncommon for courts today to adjudicate claims arising outside their territorial jurisdiction. Some jurisdictions, such as the US, stand out more in this regard than others. The extraterritorial application of US law stokes fear that US courts will apply substantive US law whenever acts taking place beyond its shores have some alleged “effect” within the territorial boundaries of the US or areas subject to its jurisdiction and control. This can be an especially vexing problem for corporations looking for some degree of predictability and certainty in an age when so much commerce crosses so many borders.
For a brief introduction to RICO liability, a thumbnail sketch of the Supreme Court’s game-changing decision in Morrison, an overview of the divergent approaches being taken by federal courts to extraterritorial application of the RICO statute, and some takeaway points, click here.
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