Terrorist Acts

News & Analysis as of

Supreme Court Order Allows Victims of Terrorism to Collect from Frozen Funds of Iranian Central Bank

On April 20, the Supreme Court held in Bank Markazi v. Peterson that Section 8772 of the Iran Threat Reduction and Syria Human Rights Act of 2012 does not violate separation of powers principles. Bank Markazi v. Peterson, No....more

Supreme Court Update: Bank Markazi V. Peterson (14-770) And Heffernan V. City Of Paterson (14-1280)

After the deluge of cases last week, the Court took a breather and issued only one decision this week. However, eagle-eyed Update aficionados may remember that we still owe you one decision from last week. With that in mind,...more

Consideration of Force Majeure in Construction Contracts

Before entering into a construction contract, consider how force majeure events are evolving in today’s world. Have you looked the risk of climate change causing more frequent unusual or severe weather? What about the...more

Need to Decrypt an iPhone? There’s an “Act” for That

A pair of recent cases pitted the U.S. Department of Justice (DOJ) against Apple, Inc. (Apple) in a Herculean struggle between asserted interests in national security and privacy. In both cases, the DOJ relied on the same...more

Supreme Court Decides Bank Markazi v. Peterson

On April 20, 2016, the Supreme Court decided Bank Markazi v. Peterson, No. 14-770, holding that Congress did not unconstitutionally infringe on the role of the judiciary when it passed the Iran Threat Reduction and Syria...more

International Monetary Fund’s Forecast for Global Economy Cools

Even as experts are signaling caution in their outlook for the automotive sector, the International Monetary Fund (IMF) is lowering its forecast of economic growth for this year. In its April 2016 report, the IMF reduced...more

Ninth Circuit Rules Navy Satisfied NEPA in Considering Terror Threat to San Diego Facility

The U.S. Court of Appeals for the Ninth Circuit last week rejected a claim under the National Environmental Policy Act that the Navy did not adequately consider the environmental consequences of a potential terrorist threat...more

FBI’s cyber most wanted: Spotlight on Firas Dardar and Ahmed Agha

New additions to the FBI’s Cyber’s Most Wanted List show “the line between ordinary criminal hackers and potential national security threats is increasingly blurry,” according to Assistant Attorney General for National...more

Africa Update - March 2016 #4

Leading the News - Libya - On March 28th, Libya’s United Nations (U.N.)-backed unity government accused authorities in Tripoli of closing down the capital’s airspace to prevent it from travelling to Libya from...more

Africa Update - March 2016 #3

Leading the News - Republic of Congo - On March 20th, the Republic of Congo (ROC) held voting in a presidential election that was predicted to see President Denis Sassou Nguesso extend his three-decade rule....more

More Questions than Answers – The DOJ’s Sudden Change in Tactics in the Apple iPhone Encryption Dispute

In the ongoing iPhone encryption battle between the Department of Justice (“DOJ”) and Apple, March 22, 2016 might have been a pivotal moment in the national discourse on digital privacy rights, encryption, and the bounds of...more

Changes to Immigration Law Block Journalist’s Entry to the U.S.

A BBC journalist was recently rejected from boarding a plane to the U.S. under new immigration rules rules passed in 2015. Rana Rahimpour, a London based journalist with dual British-Iranian citizenship, was attempting to fly...more

European Union and United Kingdom Sanctions Update: March 2016

Below is a summary of developments since our previous update in January relating to European Union (“EU”) sanctions on Iran, Russia, Belarus, North Korea and other jurisdictions as well as highlights of recent changes with...more

Africa Update - March 2016 #2

Leading the News - Cote d’Ivoire - On March 13th, Al Qaeda in the Islamic Maghreb (AQIM) gunmen armed with assault rifles stormed the beach hotels in Grand-Bassam, a region population with Ivoirian and Western...more

The Law Behind the Apple vs. FBI iPhone Unlocking Debate

By now, you have probably read about how the FBI is asking Apple to create software that would help the FBI unlock the iPhone of one of the deceased San Bernadino attackers. You have probably heard the talking heads scream...more

Africa Update - March 2016

Leading the News - Somalia - On March 5th, the U.S. military, in self-defense and in defense of African Union (AU) Mission in Somalia (AMISOM) partners, conducted an airstrike against Raso Camp, a training facility...more

iWon’t: Apple’s Face-Off with the DOJ

In what is quickly becoming one of the closest-watched cases in the country, Apple is now at loggerheads with the Department of Justice and FBI over its refusal to unlock the iPhone of one of the San Bernardino shooters....more

Africa Update - March 2016

Leading the News: Burundi - On February 25th, Human Rights Watch (HRW) unveiled a new report documenting a wide range of human rights abuses, including killings, torture, abductions, and arbitrary arrests committed by...more

Should Apple Always Have a Key to All iPhone Data? To Some iPhone Data?

On February 16, 2016, U.S. Magistrate Judge Sheri Pym of the U.S. District Court for the Central District of California issued an Order under the All Writs Act directing Apple Inc. to cooperate with efforts by the Federal...more

Apple’s DOJ Battle Sratches the Surface of Encryption Debate

By now you are likely aware of Apple’s ongoing battle with the Justice Department over the scope of the All Writs Act and its resistance of a federal court’s order compelling Apple to create special software that would unlock...more

Africa Update - February #4

Leading the News - Burundi - On February 22nd, three people were killed in gun and grenade attacks in Burundi, just hours before the planned arrival of United Nations (U.N.) Secretary-General Ban Ki-moon for talks...more

Police Make iPhone Public Enemy No. 1

FBI Director James Comey took a rare break from the posturing typical of investigators and prosecutors in the current showdown between Apple and the FBI. While prosecutors argue that Apple’s privacy concerns are a smokescreen...more

Apple vs. FBI- What’s Really at Stake?

The Apple vs. FBi case has sparked fireworks in recent days and for good reason. The FBI is relying on a 227-year-old statute called the All Writs Act to support its request for Apple to hack the San Bernadino iPhone that...more

FBI Recruits Apple to Help Unlock Your iPhone

It is a well-known maxim that “bad facts make bad law.” And as anybody even casually browsing social media this week likely has seen, the incredibly tragic facts surrounding the San Bernadino attacks last December have led...more

Apple ordered by federal magistrate judge to assist with unlocking of San Bernardino shooter’s iPhone

Apple was ordered by a federal magistrate judge to provide “reasonable technical assistance” to federal investigators to unlock the password and access the encrypted data on a specific iPhone 5c used by Syed Farook, one of...more

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