United States Jurisdiction Abroad

November 2007

Abstract

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

Author

Fabiana Lacerca-Allen

Chief Compliance Officer, Cipla, USA

M. Fabiana Lacerca-Allen has over 30 years of experience in legal and compliance roles, working for leading American companies such as Aimmune, Elan, Mylan, Bristol-Myers Squibb Company, Microsoft, Merck, and AT&T. She has counseled and litigated in the field of international business transactions and international environmental 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 on a broad range of questions, including strategic business initiatives ensuring compliance with laws and regulations, and corporate policy. Ms. Lacerca-Allen 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. Fabiana has established policies and oversight on key areas of compliance affecting international markets, and she has been able to positively impact the perception of compliance, creating compliance training programs and relevant standard operating procedures and has been involved in validating and aiding due diligence in the compliance industry, frequently being requested as speaker and participant in forums. She has been recognized in the industry by Hispanic Executive Magazine in 2013, http://hispanicexecutive.com/2013/fabiana-lacerca-allen/; recognized as 2015 Women in Leadership, Inspiring Leaders: http://www.theguardian.com/women-in-leadership/2015/may/12/know-who-you-want-to be-kidnapped-with-and-four-more-tips-for-leaders; served as Chair to the Bay Area Ethics & Compliance Association (BECA); and served as Co Chair for CBI, an Advanstar company serving the Life Sciences industry. Ms. Lacerca-Allen 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. About your organization Aimmune was created in response to a united call to action from the leading minds and key stakeholders in food allergy who met at an advocacy-sponsored research retreat in 2011 to reach consensus on the direction of food allergy treatment research. Among the outcomes of the retreat, the group concluded that a standard oral immunotherapy (OIT) approach needed to be established, and associated products needed to be developed. When no pharmaceutical company showed interest in developing an OIT treatment, the food allergy community formed Aimmune. Today, Aimmune is working to fulfill the 2011 shared vision of developing a peanut allergy treatment and making it available to allergists for patients worldwide.

Company

Cipla

Aimmune was created in response to a united call to action from the leading minds and key stakeholders in food allergy who met at an advocacy-sponsored research retreat in 2011 to reach consensus on the direction of food allergy treatment research. Among the outcomes of the retreat, the group concluded that a standard oral immunotherapy (OIT) approach needed to be established, and associated products needed to be developed. When no pharmaceutical company showed interest in developing an OIT treatment, the food allergy community formed Aimmune. Today, Aimmune is working to fulfill the 2011 shared vision of developing a peanut allergy treatment and making it available to allergists for patients worldwide. Aimmune is on a mission to transform the lives of patients and their families by developing pharmaceutical therapies to prevent, manage, and treat food, GI, and metabolic-related diseases.

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United States Jurisdiction Abroad

Abstract

Author

Company

Cipla

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