No. 22-332

Terraform Labs Pte Ltd., et al. v. Securities and Exchange Commission

Lower Court: Second Circuit
Docketed: 2022-10-11
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: civil-procedure civil-rights constitutional-procedure corporate-tag corporate-tag-jurisdiction due-process personal-jurisdiction sec-rules service-of-process
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2023-03-17 (distributed 2 times)
Question Presented (AI Summary)

Did the SEC properly exercise personal jurisdiction over a foreign company?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Did the United States Securities and Exchange Commission (“SEC”) properly exercise personal jurisdiction over a foreign company when its only purported service of process on the company was personal service on the company’s CEO while he was transiently attending a conference in New York City— a tactic referred to as corporate “tag” jurisdiction that has been rejected by at least two circuits and questioned by members of this Court? 2. By personally serving an individual the SEC knew was represented by counsel—contrary to longstanding and clear SEC rules—and without authorization for such service of process by the legally required SEC officials, do the SEC’s actions in this case conflict with decisions of this Court and other circuits?

Docket Entries

2023-03-20
Petition DENIED.
2023-02-22
DISTRIBUTED for Conference of 3/17/2023.
2023-02-16
2023-02-02
Brief of respondent United States Securities and Exchange Commission in opposition filed.
2022-12-13
Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2023.
2022-12-12
Motion to extend the time to file a response from January 3, 2023 to February 2, 2023, submitted to The Clerk.
2022-11-28
Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2023.
2022-11-25
Motion to extend the time to file a response from December 2, 2022 to January 3, 2023, submitted to The Clerk.
2022-11-02
Response Requested. (Due December 2, 2022)
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-19
Waiver of right of respondent United States Securities and Exchange Commission to respond filed.
2022-10-06
Petition for a writ of certiorari filed. (Response due November 10, 2022)
2022-08-25
Application (22A183) granted by Justice Sotomayor extending the time to file until October 6, 2022.
2022-08-18
Application (22A183) to extend the time to file a petition for a writ of certiorari from September 6, 2022 to October 6, 2022, submitted to Justice Sotomayor.

Attorneys

Terraform Labs Pte, Ltd. and Do Kwon
Stephen Robert McAllisterDentons US LLP, Petitioner
Stephen Robert McAllisterDentons US LLP, Petitioner
United States Securities and Exchange Commission
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent