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Expropriation

Sullivan & Worcester

Federal Appeals Court Strikes Another Blow to Chabad Cultural Property Claims Against Russia

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The U.S. Court of Appeals for the D.C. Circuit recently dismissed a long-running dispute against Russia concerning the library of the Lubavitcher Rebbe (the Library), a collection of books and papers once held by the...more

Foley Hoag LLP

Supreme Court to Interpret Key Language in the Foreign Sovereign Immunities Act’s Expropriation Exception and Consider the...

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Since 2010, Simon v. Republic of Hungary has ascended and descended the judicial ladder as federal courts have considered how to interpret and apply the “expropriation exception” of the Foreign Sovereign Immunities Act...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Whether Holocaust Survivors’ Lawsuit Against Hungary in the United States for Expropriation of Their...

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After it became clear that they would lose World War II, Nazi Germany and Hungary raced to complete their eradication of the Jews before the Axis surrendered. The Axis powers wiped out more than two-thirds of Hungary’s...more

Davies Ward Phillips & Vineberg LLP

Protection de l’environnement : le gouvernement du Québec veut légaliser l’expropriation déguisée

L’Assemblée nationale a adopté, le 8 décembre dernier, des dispositions qui impacteront de manière draconienne les propriétaires dépossédés de leur terrain par un règlement municipal. Atteinte justifiée au droit de...more

Davies Ward Phillips & Vineberg LLP

Réforme majeure de l’expropriation au Québec

La Loi concernant l’expropriation a été adoptée le 29 novembre dernier. Elle s’applique aux expropriations initiées par le gouvernement du Québec et les corps municipaux. La Loi instaure des changements importants, notamment...more

Jones Day

Getting Compensation After a Bank Bailout: Lessons From a Decade of SNS Litigation

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In Short: The Situation: After the nationalization of the Dutch SNS banking and insurance group, the Dutch Minister of Finance offered zero compensation to expropriated bondholders....more

Latham & Watkins LLP

Expropriation of Residential Property Investors in Berlin - A Realistic Scenario?

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While the German capital continues its political efforts to tackle the housing crisis, a commission has validated the feasibility of expropriating housing providers. On June 28, 2023, a legal expert commission appointed...more

Jones Day

Mining Reform in Mexico: Principal Amendments, Effect, and Implications for Foreign Investors

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In Short - The Background: On May 8, 2023, Mexico published several amendments to laws relating to the country's mining industry. ...more

Davies Ward Phillips & Vineberg LLP

Major Expropriation Reform on the Horizon in Québec

On May 25, 2023, the Québec government tabled a bill to replace the current Expropriation Act. Like the current law, the bill will apply to expropriations initiated by both the provincial and municipal governments. The bill...more

Stikeman Elliott LLP

The Supreme Court of Canada Clarifies the Law on Constructive Takings

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On October 21, 2022, the Supreme Court of Canada (the "SCC") released its decision in Annapolis Group Inc. v Halifax Regional Municipality, 2022 SCC 36 (“Annapolis”), affirming and clarifying the test for constructive taking,...more

Bennett Jones LLP

Supreme Court of Canada Clarifies Law In de facto Expropriation Cases

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Government Advantage and Reasonable Land Use - A majority of the Supreme Court of Canada (SCC) recently clarified that any public “advantage” that government obtains through land regulations that deprives a property owner...more

Pillsbury - Policyholder Pulse blog

Forced to Flee: Insuring Against Political Risks

IKEA’s Billy bookcase—so popular that one is reportedly sold every 10 seconds—recently got even cheaper, at least for Russians. IKEA is holding a fire sale as the company closes its stores and exits the Russian market. The...more

BCLP

International Law Recourse for Potential Expropriation of Foreign Assets by Russia

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With the continuing exit and suspension of operation of foreign entities in Russia, Russian State authorities are exploring retaliatory measures, including a regime for the nationalisation and forced sale of foreign assets. ...more

Foley & Lardner LLP

International Arbitration under International Treaties: A Potential Remedy to Putin’s Threats of Expropriation

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Russia recently announced its Economic Development Ministry has drafted legislation to prevent the exodus of international businesses from Russia by nationalizing them. The Putin-backed proposed bill would allow the...more

Pillsbury Winthrop Shaw Pittman LLP

Expropriations Related to the Russia Sanctions May Trigger Liability under Investment Treaties

Recent news reports out of Russia have advised that it may expropriate or nationalize assets of foreign investors. Investors should be aware that such actions may breach bilateral or multilateral treaties that include...more

White & Case LLP

Supreme Court of Justice withdraws mining concessions for lack of community consultations

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On 16 February 2022, the First Chamber of the Supreme Court of Justice ("SCJ") ruled in favor of the Ejidal Commissariat and the Nahua Indigenous Community of Tecoltemi, ordering the withdrawal of two mining concessions from...more

Sheppard Mullin Richter & Hampton LLP

Delaware Supreme Court Holds that Equity Dilution and Expropriation Claims May Only Be Brought Derivatively, Overruling Prior...

In Brookfield Asset Mgmt. v. Rosson, No. 406, 2020, 2021 Del. LEXIS 291 (Del. Sept. 20, 2021), the Delaware Supreme Court held that claims for wrongful equity dilution may be pursued only derivatively on behalf of the...more

Shutts & Bowen LLP

Federal Republic of Germany v. Philipp: Supreme Court Narrows the Scope of the FSIA’s Expropriation Exception to Sovereign...

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Last month, in Federal Republic of Germany v. Philipp, 141 S. Ct. 703 (2021), the United States Supreme Court revisited and narrowed the scope of the expropriation exception to sovereign immunity set forth in the Foreign...more

Jones Day

Supreme Court: FSIA's Expropriation Exception Applies Only to Sovereign's Taking of Foreigner's Property

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The Situation: On July 10, 2018, the D.C. Circuit held that the Foreign Sovereign Immunities Act's ("FSIA") expropriation exception to sovereign immunity extended to a sovereign's taking of its own nationals' property in an...more

King & Spalding

Supreme Court Addresses Expropriation Exception to Foreign Sovereign Immunity

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On February 3, 2021, the U.S. Supreme Court issued its anticipated decision in Germany v. Philipp, a case implicating the exception to foreign sovereign immunity for claims arising out of “property taken in violation of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Federal Republic of Germany v. Philipp

On February 3, 2021, the U.S. Supreme Court decided Federal Republic of Germany v. Philipp, No. 19–351, holding that the expropriation exception to the Foreign Sovereign Immunities Act (FSIA) does not apply to a domestic...more

Gray Reed

Louisiana Oil Pipeline Expropriation System is Constitutional

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The battle lines between pipeline companies and landowners are still being drawn. In Bayou Bridge Pipeline v. 38.00 acres nobody had a gun, nobody got taken away, and one side was right and one side was wrong....more

Sullivan & Worcester

At U.S. Supreme Court, Jewish Heirs Lay Claim to Treasure Taken by Nazi Agents in 1935

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(WASHINGTON-October 22, 2020) The heirs to the Jewish art dealers who were forced to sell the medieval devotional art collection known as the Welfenschatz (in English, the Guelph Treasure) to agents of Hermann Goering in 1935...more

Dorsey & Whitney LLP

The Supreme Court - July 2, 2020

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Nestlé USA, Inc. v. Doe I, No. 19-416; Cargill, Inc. v. Doe I, No. 19-453: 1) Whether an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute, 28 U.S.C. §1350, may overcome the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Helms-Burton Lawsuits: Recent Decisions Clarify the Statute’s Limits as Claims Continue

In May 2019, the United States government made available a private right of action under Title III of the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 (also known as Helms-Burton), 22 U.S.C. §§ 6021-6091....more

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