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It happens very rarely. Two judges in the same federal district court simultaneously have SEC cases before them involving alleged violations of the Foreign Corrupt Practices Act (FCPA). In both cases, a defendant moves to dismiss on the face of the complaint, arguing, among other things, that the court lacks personal jurisdiction. In both cases, the defendant never set foot in the United States. One judge rules for the SEC. The other rules for the defendant. Although the second decision makes an effort to distinguish the first, the two opinions leave the reader at a loss to articulate a guiding principle that should apply to the jurisdictional question raised in both cases. Here is how this came to pass.

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