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Criminal

Oct. 8, 2010

The Short-Arm of the Law: 2nd Circuit Limits RICO's Extraterritorial Reach

Exactly how much domestic activity is required to trigger extraterritorial application of RICO? By Stephen R. Smerek and Jason C. Hamilton of Winston & Strawn.

By Stephen R. Smerek and Jason C. Hamilton

This summer, the U.S. Supreme Court held that Section 10(b) of the Securities Exchange Act of 1934 does not apply extraterritorially. Morrison v. National Australia Bank Ltd., 130 S. Ct. 2869 (2010). The Court based its decision on the longstanding principle that, unless a contrary intent is expressed, federal laws apply only within the territorial jurisdiction of the United States. Although the Morris...

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