Stichting Ter behartiging Van de Belangen Van Oudaandeelhouders in Het Kapitaal Van Saybolt International Besloten Vennootschap v. Schreiber
United States Court of Appeals for the Second Circuit
327 F.3d 173 (2003)
Saybolt North America (Saybolt) (plaintiff), a subsidiary of Saybolt International, pleaded guilty to a violation of the Foreign Corrupt Practices Act (FCPA) for arranging payment from Saybolt Panama to a Panamanian official so that it could acquire a lease for land in Panama for a new laboratory. Saybolt’s attorney, Philippe Schreiber (defendant), advised Saybolt’s officers that it would not be a violation of the FCPA if, at the direction of a Saybolt employee, an affiliate not based in the United States made the payment. Schreiber’s advice was incorrect, and the shareholders were liable for criminal penalties. Saybolt brought a malpractice suit against Schreiber in district court, arguing that Schreiber caused Saybolt to unknowingly violate the FCPA. The court granted Schriber’s motion for summary judgment on the grounds of collateral estoppel, because Saybolt’s guilty plea was an admission that Saybolt knew it was violating the FCPA. Saybolt appealed.
Rule of Law
Holding and Reasoning (Sack, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.