kaal:claim:1765901-024

There is a substantial likelihood that U.S. courts will read the Dodd-Frank Act as giving some extraterritorial effect to SEC and DOJ suits, so Morrison cannot be expected to survive intact in actions brought under Section 929P(b).

There is substantial likelihood that U.S. courts could find that Congress has provided for some extraterritorial effect for SEC and DOJ suits in the Dodd-Frank Act and that therefore Morrison cannot be upheld in its entirety in suits by the SEC or the DOJ under Section 929P(b).

Kaal and Painter, The Aftermath of Morrison v. National Australia Bank and Elliott Associates v. Porsche (2011), III. The Dodd-Frank Act; 1. What Does Section 929P(b) Do?, p. 19
https://ssrn.com/abstract=1765901 · source PDF

Kaal and Painter, The Aftermath of Morrison v. National Australia Bank and Elliott Associates v. Porsche (2011). SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1765901

• enforcement suits brought by the SEC or DOJ

predictivesupport: arguedinstitutional-design

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Attestation record: colloquium/attestations/bd415102cca59b80...json
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