kaal:claim:2029983-012

Bifurcation lets a party to a disputed offshore transaction reintroduce U.S. law into the civil liability regime by threatening to involve the SEC or DOJ unless the other party offers an attractive settlement.

Source quote, verbatim

A party to a disputed transaction outside the United States can even reintroduce U.S. law into the civil liability re- gime by threatening to involve the SEC or DOJ if the other par- ty does not offer an attractive settlement.

From

Wulf A. Kaal, Richard W. Painter, Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Austral (2012), I.C. Bifurcated Jurisdictional Competition in Securities Law, p. 21
https://ssrn.com/abstract=2029983 · source PDF

Cite as

Wulf A. Kaal, Richard W. Painter, Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Austral (2012). SSRN: https://ssrn.com/abstract=2029983

Holds when

transaction located outside the United States
Section 929P enforcement remains available

Classification

failuresupport: arguedfailure: enforcement-threat-as-settlement-leveragefamily: jurisdictional-conflictcompliance

Verify

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