News & Analysis as of

FSIA

Lessons in Civil Forfeiture and Attachment: U.S. May Seize 650 Fifth Avenue

by Ballard Spahr LLP on

On June 29, dual trial verdicts in the Southern District of New York paved the way for the government to seize 650 Fifth Avenue, a 36-story building in Manhattan valued at up to $1 billion (“the Property”). The defendants,...more

The World In U.S. Courts - Spring 2017

Cases discussed in this issue - Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/Act of State Doctrine - Court of Appeals Considers US...more

Diplomatic Community-May 2017

by Kelley Drye & Warren LLP on

Kelley Drye’s Diplomatic Community is our quarterly newsletter that provides updates on public international law developments with a focus on diplomatic legal issues, international organizations, the law of immunities and...more

Supreme Court Holds 'Nonfrivolous' Claims Insufficient Under FSIA

by White & Case LLP on

The US Supreme Court has issued a major decision that should make it easier for foreign states and their agencies and instrumentalities to avoid unfounded suits under the Foreign Sovereign Immunities Act (FSIA)....more

Higher Standard Required: Supreme Court on Foreign Sovereign Immunities Act

by Hogan Lovells on

On Monday, the Supreme Court of the United States issued its opinion in Venezuela v. Helmerich & Payne, a dispute over the proper pleading standards for parties suing foreign governments in U.S. courts. The decision was an...more

The Supreme Court - May 01, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases today: Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co., No. 15-423: Respondent companies brought suit in federal court against...more

Nazi-Looting and Forced Sales Support Jurisdiction—Guelph Treasure Ruling Analysis

by Sullivan & Worcester on

The decision on Friday to allow our clients’ claims to proceed against German and the Stiftung Preussischer Kulturbesitz for the restitution of the Guelph Treasure (or Welfenschatz) is ground-breaking in important respects,...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Federal District Court Rebuffs Attempt by Navy Sailors to Satisfy Judgment Against Republic of Sudan by Attaching Assets Held by...

A recent decision by the United States District Court for the Southern District of New York delivered a victory to banks seeking to prevent judgment creditors from attaching assets “blocked” pursuant to Office of Foreign...more

Congress Amends FSIA to Protect Art and Cultural Exchanges

by King & Spalding on

Introduction - On December 16, 2016, President Obama signed into law the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (FCEJICA). The bill, which extends sovereign immunity to foreign states that...more

Lifting Jurisdictional Immunity of Foreign States Sponsoring Terrorism in the U.S.

by Kelley Drye & Warren LLP on

On 28 September 2016, the U.S. Congress adopted the ‘Justice Against Sponsors of Terrorism Act’ (JASTA). Even prior to its adoption, the bill was controversial as it lifts the immunity from jurisdiction of foreign States...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries...more

FinTech Developments: OCC Adopts Innovation Framework Recommendations

The Office of the Comptroller of the Currency (“OCC”) has adopted recommendations developed by its Innovation Framework Development Team that address measures for the OCC to take to encourage the development of FinTech...more

Second Circuit Addresses Expropriation and Imputation Issues under FSIA

by King & Spalding on

Introduction - On October 14, 2016, the U.S. Court of Appeals for the Second Circuit (Second Circuit) issued a decision in Arch Trading Corp. v. Republic of Ecuador, a case addressing the expropriation exception to...more

The Justice Against Sponsors of Terrorism Act (JASTA) and Civil Litigation Against International Terrorism in the United States of...

by Reed Smith on

On September 28, 2016 (15 years following the events of 9/11), the U.S. Congress overrode President Barack Obama’s veto of the JASTA bill, which sought to revise the legal concepts of “foreign state immunity” in order to...more

JASTA Amendments to FSIA Become Law

by King & Spalding on

On September 28, 2016, the U.S. Congress overwhelmingly voted to override President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA), a bill whose purpose was to curtail foreign states’ ability to invoke...more

Congress Overturns Presidential Veto on FSIA, Authorizing Suits Against Saudi Arabia for September 11

by BakerHostetler on

The U.S. Congress overturned a veto by President Obama allowing families of the victims of September 11 to sue Saudi Arabia in U.S. courts. While the U.S. domestic politics will be debated elsewhere (like everything else this...more

Restitution Claims Resolved in New York and Cologne, New Case Filed Against Germany

by Sullivan & Worcester on

Word came this week of two resolutions of claims to Nazi-looted art in museums in New York and Cologne, and a new Nazi-looted claim against Germany filed in Washington. Barely a month after the Neue Galerie (of Austrian and...more

Restitution Legislation: HEAR Act and Foreign Cultural Exchange Jurisdictional Clarification Act Move Forward

by Sullivan & Worcester on

Two restitution related bills have advanced past the Judiciary Committee of the United States Senate: the Holocaust Expropriated Art Act (S.B. 2763, the HEAR Act), and the Foreign Cultural Exchange Jurisdictional...more

War of the World Wide Webs: D.C. Circuit Refuses Terror Victims’ Attempt to Seize Internet Domain Names

In early August, the D.C. Circuit refused to allow victims of terror attacks to take control of the Internet domain names of Iran, North Korea, and Syria as a means of satisfying previous money judgments awarded to the...more

"Key Takeaways: Foreign Governments, US Courts and International Arbitration"

On June 23, 2016, Skadden hosted a webinar titled “Foreign Governments, U.S. Courts and International Arbitration.” Topics of discussion included the settlement of the Argentine sovereign debt litigation, enforcement of...more

HEAR Act: Senate Judiciary Committee Considers Nazi-Looted Art Statute of Limitations Bill

by Sullivan & Worcester on

The Senate Judiciary Committee held a hearing this week (video available here) on the Holocaust Art Recovery Act (the “HEAR Act”) that drew welcome attention to the ongoing challenges to the restitution of Nazi-looted art. We...more

Guelph Treasure Heirs Explain Why Case Belongs in U.S. Court

by Sullivan & Worcester on

We filed yesterday the opposition to the motion to dismiss my clients’ claims over the 1935 forced sale of the Guelph Treasure, or Welfenschatz. The motion was filed two months ago by defendants Germany and the Stiftung...more

Herzog Heirs’ Claims Against Hungary Survive Dismissal Under FSIA

by Sullivan & Worcester on

Expropriation Exception Saves Case, But District Court Holds Commercial Activity Exception Does Not Apply, Claims to Two of the Paintings at Issue are Dismissed as Well - The ongoing litigation between the heirs of Baron...more

"2015-16 Supreme Court Update"

In its current term, the U.S. Supreme Court is once again poised to address a range of disputes relevant to businesses. These include significant constitutional issues, class action practice and other procedural matters, and...more

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