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Constitutional Challenges Foreign Investment

White & Case LLP

US Supreme Court Rejects Application of Commingling Theory in Holocaust Expropriation Case

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On February 21, 2025, the US Supreme Court issued a unanimous decision in Republic of Hungary v. Simon, further narrowing the scope of the Foreign Sovereign Immunities Act's exception to sovereign immunity for expropriation...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Trump Proposes Ending EB-5 in Favor of “Gold Card” Visa – But Can He?

On February 25, 2025, President Trump announced his intention to terminate the EB-5 Immigrant Investor Program and introduce a new “Gold Card” visa requiring a $5 million investment. While the proposal has drawn significant...more

Holland & Knight LLP

U.S. Supreme Court Upholds TikTok Sale-or-Ban Law

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In a much-anticipated decision, the U.S. Supreme Court on Jan. 17, 2025, rejected TikTok's appeal and upheld the Protecting Americans from Foreign Adversary Controlled Applications Act (Act). The act, which was signed into...more

Holland & Knight LLP

Florida Law Limits Persons from Foreign Countries of Concern from Acquiring Real Property

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Now the subject of a lawsuit seeking to enjoin it, Florida Senate Bill 264 (CS/CS/SB 264), codified at Chapter No. 2023-33, Laws of Florida, would limit select persons from "foreign countries of concern" from directly or...more

Orrick, Herrington & Sutcliffe LLP

The Ill-fated Termination of Intra-EU Bilateral Investment Treaties

In 2018, the Court of Justice of the European Union (“CJEU”) rendered a judgment in the Achmea case, which has led to much controversy and concern in the European investor-state arbitration community. ...more

Jones Day

New Illinois Corporate Income Tax Bills Seek to Tax Foreign Income

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Enactment of proposed Illinois legislation that would tax worldwide or tax haven income of corporations could prompt international and constitutional controversies. Proposed legislation in the Illinois General Assembly...more

Morgan Lewis

Key Developments in the 2017 Indian Legal Landscape

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Legal and regulatory developments in the country included changes to the foreign direct investment policy, changes to the foreign investment regime, and a new platform for sexual harassment complaints by employees. Labour...more

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