News 09 Apr. 2024
Curtis Announces New Partners and Counsels Across Offices in Spring 2024
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News 25 Jan. 2024
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Event 18 Aug. 2023
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Client Alert 28 Dec. 2023
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Event 22 Aug. 2023
Partner Dr. Claudia Frutos-Peterson to Speak at Arbitration and ADR Commission of the ICC Mexico
Event 11 Jul. 2023
Partner Elisa Botero Speaks on the Role of the ICC in Investment Disputes
News 15 Aug. 2023
Legal Reader Publishes Article on Dr. Majed Alotaibi’s Arrival as Senior Counsel in Curtis’ Riyadh Office
News 31 Jul. 2023
Curtis Welcomes Senior Saudi Advisor, Dr. Majed Alotaibi, to its Riyadh Office
News 24 Aug. 2023
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Client Alert 24 Jun. 2021
Update on Virtual Notarization (Executive Order 202.7) During the COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
Update on Virtual Witnessing (New York Executive Order 202.14) During The COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
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Fernando Tupa Lectures on Fair and Equitable Treatment at an Investment Arbitration Course Organized by Litigando Derecho
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The American Privacy Rights Act of 2024
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
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