entity · derived

Transactional test

5 claims across 1 works, 2012–2012.

Derived node: assembled mechanically from the claims carrying transactional-test. A roster, not an adjudicated definition.

Every claim under this term

2029983-010 2012 failure: Defined geographic borders for securities transactions, the overarching assumption behind Morrison, are an unstable basis for limiting the extraterritorial reach of either private litigation or govern
2029983-015 2012 failure: Geographic tests create the risk of a no man's land transaction: defendants may persuade the courts of every jurisdiction that the transaction took place outside their borders, leaving the transaction
2029983-031 2012 predictive: Morrison's transactional test could prove relatively short lived because it is rooted in geography while an increasing number of securities transactions defy geographical boundaries.
2029983-032 2012 failure: The Second Circuit's Absolute Activist test, locating a transaction where title transfers or irrevocable liability is incurred, is easy to manipulate: parties can arrange for irrevocable liability to
2029983-038 2012 normative: Choice of law should replace the geographically based transactional test in those circumstances where geography is ambiguous.