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  • Second Circuit Explains Alleging a Domestic Injury in RICO Complaint for Extraterritorial Actions

    The Second Circuit is the first court of appeals to consider the holding in the United States Supreme Court’s decision in RJR Nabisco Inc. v. European Community, 136 S. Ct. 2090 (2016), which said that Section 1964 (c) of RICO does not apply extraterritorially for injury to business or property and requires a domestic injury, not merely recovery for foreign injuries. The Supreme Court did not explain how to determine a domestic injury.
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  • Effectiveness of Foreign Remedies to Obtaining Internet Information and Enjoining Illegal Conduct

    The Internet has become the common form of commerce. As such, illegal activity has migrated there. The Internet is frequently used to engage in illegal activity cloaked in anonymity. Claimants have few if any direct means of enforcing their rights and court orders against the offenders. The power to make orders against Internet companies is essential to preserving the effectiveness of law online. Obtaining a remedy is often the practical solution to enforcing rights. Moreover, illegal online conduct crosses multiple jurisdictions often time simultaneously. As courts with personal jurisdiction have the power to adjudicate claims, it is essential that remedies have extraterritorial effect so to make it easier and less expensive for proceedings having to be brought in every country where the illegality occurs and the internet company operates.
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  • U.S. Supreme Court Clarifies Service by Mail on Foreign Parties - International Asset Recovery

    On May 22, 2017, in Water Splash Inc. v. Menon, The United States Supreme Court addressed the issue whether under the Hague Service Convention service by mail was prohibited. At issue was Article 10 of the Convention that provided if the country of destination does not object, the Convention shall not interfere with “(a) the freedom to send judicial documents, by postal channels, directly to persons abroad.” Article 10 does not expressly refer to “service.” The question before the Court was whether the Article 10(a) phrase “send judicial documents” encompasses sending documents for purposes of service.
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About HMB Law

Welcome to HMB's SALT & Pepper blog. As the title suggests, this blog tracks important and emerging issues, trends and developments that affect our clients not only in State and Local Tax (SALT) but also in other disciplines and industries. This blog is designed to be a helpful resource. We hope our readers will find it practical, insightful and valuable.

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