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Strauss/Steffen, District Court Personal Jurisdiction and U.S.-Nexus Rulings

By Andrew M. Levine, Bruce E. Yannett, Steven S. Michaels and Scott N. Auby
August 27, 2013

On Feb. 8 and 19, 2013, two judges of the United States District Court for the Southern District of New York ' Judge Richard J. Sullivan in SEC v. Straub, 11-CV-9645 (RJS), 2013 WL 466600 (S.D.N.Y. Feb. 8, 2013); and Judge Shira A. Scheindlin in SEC v. Steffen, 11-CV-9073 (SAS), 2013 WL 603135 (S.D.N.Y. Feb. 19, 2013) ' ruled on a recurring question involving foreign nationals. Specifically, they ruled on whether foreign nationals residing continuously outside the United States may, under the due process “fair play and substantial justice” requirements of International Shoe v. Washington, 326 U.S. 310 (1945), be prosecuted on civil Foreign Corrupt Practices Act (FCPA) charges by the Securities and Exchange Commission (SEC).

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