84 Cited authorities

Daimler AG v. Bauman
571 U.S. 117 (2014) Cited 5,609 times 236 Legal Analyses
Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"
Walden v. Fiore
571 U.S. 277 (2014) Cited 4,293 times 49 Legal Analyses
Holding that “the mere fact that [defendant's] conduct affected plaintiffs with connections to the forum State does not suffice to authorize jurisdiction.”
Morrison v. National Australia Bank Ltd.
561 U.S. 247 (2010) Cited 1,458 times 177 Legal Analyses
Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
Ins. Corp. of Ir. v. Compagnie Des Bauxites De Guinee
456 U.S. 694 (1982) Cited 3,865 times 4 Legal Analyses
Holding that unlike subject matter jurisdiction, a defect in personal jurisdiction can be waived
Kiobel v. Royal Dutch Petroleum Co.
569 U.S. 108 (2013) Cited 473 times 45 Legal Analyses
Holding that the ATS does not authorize an action for a tort that occurred entirely outside of the United States
Licci ex rel. Licci v. Lebanese Canadian Bank SAL
673 F.3d 50 (2d Cir. 2012) Cited 667 times 4 Legal Analyses
Finding New York law applied to tort claim where all of the challenged conduct occurred in New York even though the plaintiffs' injuries occurred in Israel, where they were domiciled
People v. Peque
2013 N.Y. Slip Op. 7651 (N.Y. 2013) Cited 624 times
Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea
F. Hofpmann-La Roche Ltd. v. Empagran S. A.
542 U.S. 155 (2004) Cited 210 times 17 Legal Analyses
Holding domestic effects exception does not apply where "price-fixing conduct significantly and adversely affects both customers outside the United States and customers within the United States, but the adverse foreign effect is independent of any adverse domestic effect"
Motorola Credit Corp. v. Uzan
388 F.3d 39 (2d Cir. 2004) Cited 440 times 2 Legal Analyses
Holding that it "explicitly adopt the Ninth Circuit's position that further district court proceedings in a case are not 'involved in' the appeal of an order refusing arbitration, and that a district court therefore has jurisdiction to proceed with a case absent a stay"
Licci v. Lebanese Canadian Bank, SAL
2012 N.Y. Slip Op. 7854 (N.Y. 2012) Cited 261 times 6 Legal Analyses
Holding that "a foreign bank's repeated use of a correspondent account in New York on behalf of a client ... show purposeful availment" sufficient to meet the transacting-business prong of New York's long-arm statute
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 68,861 times 122 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 84 - Lending limits
12 U.S.C. § 84 Cited 113 times 7 Legal Analyses
Referring to "any corporation wholly owned directly or indirectly by the United States"
Section 200 - When foreign banking corporation may transact business in this state
N.Y. Banking Law § 200 Cited 84 times 2 Legal Analyses
No foreign banking corporation, other than a bank organized under the laws of the United States, shall transact in this state the business of buying, selling, paying or collecting bills of exchange, or of issuing letters of credit or of receiving money for transmission or transmitting the same by draft, check, cable or otherwise, or of making loans, or of receiving deposits, or of exercising the fiduciary powers specified in section two hundred one-b of this chapter, or transacting any part of such
Section 200-B - Actions maintained against foreign banking corporation;
N.Y. Banking Law § 200-B Cited 17 times
residents; foreign corporations, foreign banking corporations as non-residents. 1. An action or special proceeding against a foreign banking corporation may be maintained by a resident of this state for any cause of action. For purposes of this subdivision one, the term "resident of this state" shall include any corporation formed under any law of this state. 2. Except as otherwise provided in this chapter, an action or special proceeding against a foreign banking corporation may be maintained by
Section 3102 - Establishment of Federal branches and agencies by foreign bank
12 U.S.C. § 3102 Cited 14 times 2 Legal Analyses
Setting forth application and approval requirements before a foreign bank can establish and operate a Federal branch or agency in any State
Section 3105 - Authority of Federal Reserve System
12 U.S.C. § 3105 Cited 7 times
Extending the authority of the Federal Reserve Board to federal and state branches and agencies operated by foreign banks
Section 4-A-105 - Other Definitions
N.Y. U.C.C. Law § 4-A-105 Cited 7 times
Defining "bank" as "a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company"
Section 4-106 - Separate Office of a Bank
N.Y. U.C.C. Law § 4-106 Cited 3 times
A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notices or orders shall be given under this Article and under Article 3. The receipt of any notice or order by or the knowledge of one branch or separate office of a bank is not actual or constructive notice to or knowledge of any other branch or office of the same bank and does not impair the right of another branch or office
Section 202-F - Restrictions on loans, purchases of securities and total liabilities of any one person to New York branch or agency of foreign bank
N.Y. Banking Law § 202-F
Before opening a branch or agency in this state, and annually thereafter so long as a branch or agency is maintained in this state, a foreign banking corporation, licensed pursuant to article two of this chapter, shall certify to the superintendent the amount of its paid-in capital stock, its surplus fund and its undivided profits, each expressed in the currency of the country of its incorporation, the dollar equivalent of which amount, as determined by the superintendent, shall be deemed to be the
Section 210.2 - Definitions
12 C.F.R. § 210.2 Cited 15 times
As used in this subpart, unless the context otherwise requires: Account means an account on the books of a Federal Reserve Bank. A subaccount is an informational record of a subset of transactions that affect an account and is not a separate account. Actually and finally collected funds means cash or any other form of payment that is, or has become, final and irrevocable. Administrative Reserve Bank with respect to an entity means the Reserve Bank in whose District the entity is located, as determined
Section 210.25 - Authority, purpose, and scope
12 C.F.R. § 210.25 Cited 5 times
(a)Authority and purpose. This subpart provides rules to govern funds transfers through the Fedwire Funds Service, and has been issued pursuant to the Federal Reserve Act-section 13 (12 U.S.C. 342 ), paragraph (f) of section 19 (12 U.S.C. 464 ), paragraph 14 of section 16 (12 U.S.C. 248(o) ), and paragraphs (i) and (j) of section 11 (12 U.S.C. 248(i) and (j) ) -and other laws and has the force and effect of federal law. This subpart is not a funds-transfer system rule as defined in Section 4A-501(b)
Section 230.902 - Definitions
17 C.F.R. § 230.902 Cited 4 times 2 Legal Analyses
As used in Regulation S, the following terms shall have the meanings indicated. (a)Debt securities. "Debt securities" of an issuer is defined to mean any security other than an equity security as defined in § 230.405 , as well as the following: (1) Non-participatory preferred stock, which is defined as non-convertible capital stock, the holders of which are entitled to a preference in payment of dividends and in distribution of assets on liquidation, dissolution, or winding up of the issuer, but
Section 252.157 - Liquidity stress testing and buffer requirements for foreign banking organizations with combined U.S. assets of $100 billion or more
12 C.F.R. § 252.157
(a)Liquidity stress testing requirement - (1)General. (i) A foreign banking organization subject to this subpart must conduct stress tests to separately assess the potential impact of liquidity stress scenarios on the cash flows, liquidity position, profitability, and solvency of: (A) Its combined U.S. operations as a whole; (B) Its U.S. branches and agencies on an aggregate basis; and (C) Its U.S. intermediate holding company, if any. (ii) Each liquidity stress test required under this paragraph

Motorola Credit Corporation, Appellant-Respondent, Nokia Corporation, Plaintiff-Counter- Defendant, Motorola, Inc., et al., Counter-Defendants,v.Standard Chartered Bank, Respondent-Appellant, Murat Hakan Uzan, et al., Defendants-Counter- Claimants, Kemal Uzan, et al., Defendants.

84 Cited authorities

Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

Holding that “the mere fact that [defendant's] conduct affected plaintiffs with connections to the forum State does not suffice to authorize jurisdiction.”

Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

Holding that unlike subject matter jurisdiction, a defect in personal jurisdiction can be waived

Holding that the ATS does not authorize an action for a tort that occurred entirely outside of the United States

Finding New York law applied to tort claim where all of the challenged conduct occurred in New York even though the plaintiffs' injuries occurred in Israel, where they were domiciled

Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea

Holding domestic effects exception does not apply where "price-fixing conduct significantly and adversely affects both customers outside the United States and customers within the United States, but the adverse foreign effect is independent of any adverse domestic effect"

Holding that it "explicitly adopt the Ninth Circuit's position that further district court proceedings in a case are not 'involved in' the appeal of an order refusing arbitration, and that a district court therefore has jurisdiction to proceed with a case absent a stay"

Holding that "a foreign bank's repeated use of a correspondent account in New York on behalf of a client ... show purposeful availment" sufficient to meet the transacting-business prong of New York's long-arm statute

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Referring to "any corporation wholly owned directly or indirectly by the United States"

Setting forth application and approval requirements before a foreign bank can establish and operate a Federal branch or agency in any State

Extending the authority of the Federal Reserve Board to federal and state branches and agencies operated by foreign banks

Defining "bank" as "a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company"