Instrumentality Rule

• Instrumentality Rule

A principle of corporate law that permits a court to disregard the corporate existence of a subsidiary corporation when it is ope...

• West's Encyclopedia of American Law
• Fri–Jam

• Other International Efforts

NEW YORK, July 18, 2011 /PRNewswire/ -- While Foreign Corrupt Practices Act (FCPA) prosecutions in the United States continued apace, the first half of 2011 showed some signs that judicial decisions and congressional scrutiny were leading to more - or, in some cases, less - clarity concerning the scope of the statute and the government's enforcement policy, according to global law firm Shearman & Sterling's semiannual report, "Recent Trends and Patterns in FCPA Enforcement," part of the firm's widely distributed FCPA Digest. Although the US government continues to collect record and headline-making fines in some FCPA prosecutions, the average corporate penalty continues to be relatively moderate, the analysis found. At the same time, overseas developments, particularly the coming into f...

...* The courts have been asked to rule on when - or even if - a government-owned company is an "instrumentality" of a foreign government. Defendants have been uns...

• U.S. Newswire
• July 18, 2011

• Intergovernmental Personnel Act Mobility Programs: Federal Government and State, local, and Indian Tribal governments, higher education institutions, etc.; temporary employee assignments,

... define themselves as: (1) an ``instrumentality or authority of a state or states or local governm...

• FR, August 22, 2003
• Proposed rules
• Personnel Management Office

• Arkansas v. Farm Credit Servs. of Central Ark., 520 U.S. 821 (1997)

... interpreted and applied as a "jurisdictional rule" and a "broad jurisdictional barrier," Moe v. Conf...Moe, supra, at 471-472. An instrumentality of the United States can enjoy the benefits and im...

• U.S. Supreme Court

• Notice: Ninth Circuit Rule 36-3 Provides that Dispositions Other Than Opinions or Orders Designated for Publication Are Not Precedential and Should Not Be Cited Except When Relevant Under the Doctrines of Law of the Case, Res Judicata, or Collateral Estoppel. Nicolaas P.J. Sandmann, Plaintiff-Appellant, v. Federal Savings and Loan Insurance Corporation, a Corporate Instrumentality of the United States, Defendant-Appellee., 942 F.2d 793 (9th Cir. 1991)

Before ALARCON and RYMER, Circuit Judges, McDONALD, District Judge.* MEMORANDUM...

• Federal Circuits

• 'State-Owned Enterprises' Under The FCPA

... (SOEs).  No court has previously ruled on the applicability of the statute to such paymen... government's interpretation of "instrumentality" has been challenged in five separate cases.  In ...

• Mondaq Business Briefing
• United States Law Articles in English

• 46 CFR 560.3 - Petitions for relief.

... (foreign government, agency or instrumentality thereof, carrier, or other person) against whom th... description and citation of the foreign law, rule or government or commercial practice complained of...

• Code of Federal Regulations - Title 46: Shipping

• Judge Issues Opinion on Definition of 'Foreign Official'.

... or any department, agency, or instrumentality thereof, or of a public international organization... of Defendants' interpretation due to the rule of lenity. The rule of lenity requires the Court t...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• James Earl Rippy, Petitioner, vs. James Shepard, Respondent, (2012)

... a farm tractor is not a dangerous instrumentality as a matter of law. In so holding, the district c... doctrine is an old and well-settled rule that can be traced back to English common law. Ea...

• Florida Supreme Court

• Judge Issues Opinion on Definition of 'Foreign Official'

... or any department, agency, or instrumentality thereof, or of a public international organization... of Defendants' interpretation due to the rule of lenity. The rule of lenity requires the Court t...

• Mondaq Business Briefing
• United States Law Articles in English