United States Jurisdiction Abroad

Fabiana Lacerca, Senior Vice President and Chief Compliance Officer, Elan Pharmaceuticals, USA

The United States applies their jurisdiction abroad under several instances. This is something very important for U.S. based corporations with global operations to understand, since there might be in a situation where U.S. jurisdiction applies as a result of actions taken by one of their subsidiaries in a foreign jurisdiction. The issue presented in this paper is when the U.S. can exercise jurisdiction abroad, so we will discuss the protective principle and universality of the five bases of jurisdiction as described below: Five Bases of Jurisdiction · Territoriality · Nationality · Passive Personality · Protective Principle · Universality

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USA Regulation Pharmaceutical November 2007 Vol. 1, No. 2, Winter 2007

Fabiana Lacerca-Allen

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Ms. Lacerca has had more than 17 years of experience working for leading American companies such as Bristol-Myers Squibb Company, Microsoft, Merck and AT&T. She has counseled and litigated in the field of international business transactions and international environment law. She has extensive experience in the pharmaceutical industry in leadership roles in charge of legal and compliance teams. She has counseled and represented clients in a broad range of questions, including strategic business initiatives ensuring compliance with laws and regulations, and corporate policy. Ms. Lacerca has provided legal support and strategic advice on opportunities and trends in law particularly within the government sector as well as with major and strategic corporate accounts. She has established policies and oversight on key areas of compliance affecting internationals markets and she has been able to positively impact the perception of compliance creating compliance training programs and relevant standard operating procedures. Ms. Lacerca is well recognized in the industry and is very frequently requested as a speaker and participant in forums. Ms. Lacerca was invited to join the Gioja Research Institute while she was a student researching on environmental law. She was recipient of 1992 UCLA’s tuition waiver based on merit and recognition, and she represented UCLA in the Roscoe Foundation National Essay Contest submitting a paper on Global Warming. Ms. Lacerca received her bachelor of law degree in 1989 from the Universidad de Buenos Aires. She obtained her LLM degree from UCLA in June 1993, obtaining the highest grade awarded on her thesis.

Elan Pharmaceuticals

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Elan Drug Technologies (EDT) is the world’s leading drug delivery company and is a business unit of Elan (NYSE:ELN). As a fully integrated drug delivery business, we deliver clinically meaningful benefits to patients, by using our extensive experience and proprietary delivery technologies in partnership with pharmaceutical companies to develop new and innovative products.

USA Regulation Pharmaceutical November 2007 Vol. 1, No. 2, Winter 2007