3 Different Approaches To RICO Extraterritoriality

Law360, New York (December 4, 2014, 12:22 PM EST) -- It is not uncommon for courts today to adjudicate claims arising outside their territorial jurisdiction. Some jurisdictions, such as the U.S., stand out more in this regard than others. The extraterritorial application of U.S. law stokes fear that courts here will apply substantive U.S. law whenever acts taking place beyond its shores have some alleged "effect" within the territorial boundaries of the U.S. 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....

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