February 2013 FCPA Judicial Decisions

  • Roger Witten, Kimberly Parker, Jay Holtmeier
  • 2.28.2013
February 2013 yielded two opinions from the United States District Court for the Southern District of New York: SEC v. Straub, et al. and SEC v. Sharef, et al. While these decisions are mostly relevant to legal issues pertaining to individuals outside the United States, the decisions do add to the scant body of FCPA case law. In this alert, WilmerHale Partners Roger Witten, Kimberly Parker, and Jay Holtmeier discuss the key topics addressed in these opinions: the constitutional minimum contacts necessary for a court to exercise personal jurisdiction over a defendant; whether foreign emails’ contact with servers in the United States satisfies the FCPA’s interstate commerce element; and the tolling of the statute of limitations while a defendant is physically outside the United States.

Read February 2013 FCPA Judicial Decisions.