Three for the Toolbox: Keeping Non-U.S. Parent Company Out of U.S. Courts; an Update on Extraterritorial Reach of U.S. Laws & Forum Non Conveniens

Litigation and Dispute Resolution attorney Katharine Menéndez de la Cuesta will be discussing the extraterritorial application of U.S. laws, how to keep a non-U.S. parent company out of the reach of U.S. courts and how U.S. courts evaluate forum non conveniens during a presentation at the American Bar Association (ABA) International Law Section 2024 Annual Conference in Washington, D.C. In particular, Katharine will address CMB Monaco v Smagin, a 2023 Supreme Court decision that provided guidance on when a foreign award creditor with no connection to the U.S. may enforce an international arbitration award under RICO in the U.S. She will also cover the extraterritorial application of Title III of the Helms-Burton Act and the European Blocking Statute issued in an attempt to block the effects such extraterritorial application in Europe. The panel will also cover how non-U.S. entities serving U.S. markets seek to avoid U.S. jurisdiction and the circumstances under which the non-U.S. parent can be brought into a U.S. court.