News 05 Dec. 2024
Partner Dr. Alexandra G. Maier Recognized Again in Lexology Client Choice Award 2025, Mining Experts Category 2025
more
Event 23 Oct. 2024
Counsel Mohannad El Murtadi Suleiman to Speak at the 2nd Annual Africa Arbitration Day in New York
Event 18 Aug. 2023
Partner Borzu Sabahi Speaks at FDI Moot Shenzhen
News 25 Jul. 2023
Partner Eric Gilioli Ranked in Top 10 Influential Energy & Natural Resources Lawyers in Kazakhstan in Business Today
News 09 Apr. 2024
Curtis Announces New Partners and Counsels Across Offices in Spring 2024
Client Alert 28 Dec. 2023
U.S. to Impose Secondary Sanctions on Non-U.S. Banks For Financing Russia’s Defense Industry
Client Alert 21 Apr. 2025
Argentina’s Energy Sector: A New Chapter for Project Finance and Foreign Investment
News 04 Apr. 2025
Curtis Argentina recognized for its work on Viterra Limited's US$34 billion strategic merger
Publications 19 Dec. 2024
Curtis Partner, John Balouziyeh, Authors New Guide to Investing in the Kingdom of Saudi Arabia and the GCC
News 08 Oct. 2024
Curtis Boosts London Finance and Corporate Capability with Appointment of Partner Christopher Harrison
News 24 Aug. 2023
Curtis Attorneys Quoted in CoinDesk on FTX Founder Sam Bankman-Fried’s Strategy Ahead of His Criminal Trial
Client Alert 10 Jul. 2024
EU Adopts New Restrictive Measures Against Belarus
Client Alert 26 Jun. 2024
The EU Adopts its 14th Sanctions Package Against Russia
event
Juan Jorge speaks at UM Arbitration Day 2025
client alert
News 26 Sep. 2007
Curtis achieved a major victory for its clients, Access Industries Inc. and its principal, Len Blavatnik, on September 24, 2007, when Judge Laura T. Swain of the Southern District of New York dismissed civil racketeering claims against them and thirty-three other defendants.
Plaintiff, a shareholder in a Russian oil company, asserted multiple RICO and Russian law claims against defendants, who included BP plc, its former chairman, Lord John Browne, and TNK-BP, Russia's fourth largest oil company. Plaintiff contended that defendants engaged in a scheme to take over the Russian oil industry through a series of wrongful acts, allegedly committed mostly throughout Russia.
Defendants jointly moved to dismiss the claims on multiple bases, including the U.S. district court's lack of subject matter jurisdiction over plaintiff's claims.
In a twenty-page opinion, Judge Swain granted defendants' motion on subject matter jurisdiction grounds without reaching defendants' other arguments. The court explained that RICO's extraterritorial application was limited and would only be applied when the complaint satisfied one of the tests for extraterritorial application. The court then found that the amended complaint failed to satisfy either of the so-called 'conduct' or 'effects' tests and that the court thus lacked subject matter jurisdiction. The court also denied plaintiff leave to file another amended complaint, finding that further amendment would be futile.
This is the second time that Curtis and co-defense counsel have successfully achieved a dismissal of this suit by the district court. Judge Swain previously dismissed it on forum non conveniens grounds, but that decision was reversed by the Second Circuit. Plaintiff then filed the amended complaint that was dismissed by Judge Swain on September 24, 2007.
The Curtis attorneys who worked on this matter were partner Turner P. Smith and associates Myles K. Bartley and Joshua L. Blosveren.
Commercial Disputes - Litigation
Turner P. Smith
Partner