March 21, 2019 Articles

Cautionary Lessons in Analyzing Foreign Misconduct

How to navigate claims involving potential extraterritorial white-collar crime.

By Christopher DeSá, Gavin Parrish, and David Lasater

Despite a recent turn toward economic protectionism in the United States, the global commercial activities of U.S.-domiciled companies continue largely unabated—whether via the operations of foreign affiliates or the commercial trade activities of U.S. producers. International operations have long exposed U.S. companies to commercial claims filed in U.S. courts based on those activities abroad. The successful litigation of these claims requires a deep understanding of the legal environment in those foreign jurisdictions, including the characterization or, conversely, mischaracterization of events abroad by opposing counsel.

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