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On Thursday, April 29, 2021, China General Chamber of Commerce-USA (CGCC), as part of its Legal and Policy Series, hosted a well-attended webinar with a distinguished panel from Jones Day, discussing "The Long Arm of the U.S.: The Reach of U.S. Courts Over Chinese Businesses.”
The moderator, Lanier Saperstein, Member of CGCC Legal Counsel Committee and Partner at Jones Day, who has been practicing law for almost 25 years, opened the webinar by noting that the one issue that non-U.S. clients – not just Chinese clients, but all foreign clients – have consistently expressed bewilderment over is the reach of U.S. courts over non-U.S. parties, often reaching well across international borders. The term “long-arm jurisdiction” can cause lawyers and business people alike to shudder. He noted that in recent years, courts in the U.S., led by the U.S. Supreme Court, have started to pull back on that reach, but there are still important legal issues actively being litigated. He also emphasized the practical aspects of jurisdiction. Saperstein pointed out that, as a business person, you may not need to worry about the ins and outs of these esoteric legal issues, but U.S. litigation can be expensive, time-consuming, and, most importantly, a distraction from your core business. Therefore, it is important to know the important constitutional defenses that Chinese companies can raise at the outset of litigation.
Brian Lea, a former Law Clerk to U.S. Supreme Court Justice Clarence Thomas and a noted appellate lawyer, provided an overview of the law of personal jurisdiction, ably summarizing more than 100 years of constitutional developments. Rajeev Muttreja, another noted appellate lawyer, discussed the ongoing litigation in New York and elsewhere on whether a Chinese company, by dint of complying with a state’s registration requirements, consents to general, all-purpose jurisdiction in that state. Lea then addressed the U.S. Supreme Court’s latest personal jurisdiction issued last month and its implications for parties litigating specific jurisdiction. Brian Rabbitt, who recently joined Jones Day from a senior position in the U.S. Department of Justice under President Trump, discussed the reach of U.S. courts and prosecutors to obtain account records from foreign financial institutions under the USA PATRIOT Act and the recently enacted Anti-Money Laundering Act of 2020. The panel then addressed several insightful questions during the Q&A session.
CLICK HERE to access the event slides
Please contact us if you would like access to the event recording. If you would like to follow up with the Jones Day team, please reach out to: Lanier Saperstein (lsaperstein@jonesday.com) or Helen Jiang (hjiang@jonesday.com).
CGCC extends great appreciation to all the panelists and participants for their support in making the event a success.
About Jones Day:
Jones Day is a global law firm with more than 2,500 lawyers in 42 offices across five continents. The Firm is distinguished by: a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.
About CGCC:
Founded in 2005, China General Chamber of Commerce – USA (“CGCC”) has been recognized as the largest and most impactful non-profit organization representing Chinese enterprises in the U.S. As an independent, non-partisan, non-governmental chamber of commerce, CGCC provides a broad range of programs, services, and resources to over a thousand multinational members across the U.S., with a mission to create value, generate economic growth, and enhance cooperation between the U.S. and Chinese business communities.