Tort Liability at Home for Alleged Wrongs Abroad: The Common Law Goes Extraterritorial?

Contemporary anti-corruption and bribery legislation is distinguished by its extraterritorial reach to conduct abroad conduct which may indeed be lawful and/or expected as a condition of doing business where it occurs as a basis for criminal liability at home both for individuals and other legal persons. Such statutes were, at inception, a marked departure from the principle of the sovereign equality of states, and previously sound business practices, that individuals and companies doing business abroad take and adhere to the law as they find it. Now, however, our anti-corruption regimes hold their individual and corporate entities to a common standard wherever they go.

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This article was also published by Lexology/Association of Corporate Counsel in December 2014.