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Strauss/Steffen, District Court Personal Jurisdiction and U.S.-Nexus Rulings
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).
Different Outcomes
The two rulings, both of which followed the resolution of FCPA charges against the defendants' employers, led to markedly different outcomes. In Straub, the individual defendants in the Magyar Telekom matter lost not only their motions to dismiss for lack of personal jurisdiction under International Shoe, but also for failure to state a claim because of a lack of sufficient U.S. nexus under the “interstate commerce” requirement of 15 U.S.C. ' 78dd-1, and lack of timely commencement of suit.
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