News & Analysis as of

Foreign Sovereign Immunities Act of 1976 (FSIA)

Hinshaw & Culbertson - Insights for Insurers

The Second Circuit May Well Reconsider Reverse-Preemption of The New York Convention by the McCarran-Ferguson Act

A significant number of states prohibit or restrict the arbitration of disputes between an insurer and its policyholder and/or preclude the inclusion of arbitral provisions in insurance policies.The McCarran-Ferguson Act...more

Carlton Fields

Third Circuit Affirms Judgment Allowing Creditors of Venezuela Who Obtained Arbitration Awards to Attach U.S. Assets of...

Carlton Fields on

The Third Circuit Court of Appeals has again allowed creditors of Venezuela to attach assets belonging to Venezuela’s national oil company to satisfy arbitration awards against Venezuela. The Third Circuit rejected...more

Ballard Spahr LLP

Supreme Court Rules Halkbank is Not Immune from Prosecution Under FSIA

Ballard Spahr LLP on

On April 19, 2023, the United States Supreme Court issued a highly-anticipated decision in the case of Turkiye Halk Bankasi A.S., aka Halkbank v. United States. The court ruled that Turkish state-owned Halkbank remained...more

The Volkov Law Group

Supreme Court Authorizes Criminal Prosecution of Foreign State-Owned Entities

The Volkov Law Group on

The Supreme Court rejected a challenge by Halkbank, a Turkish state-owned bank, to its criminal prosecution for anti-money laundering violations and evasion of Iran Sanctions.  In a 7-2 decision, authored by Justice...more

Morrison & Foerster LLP

U.S. Supreme Court Holds Federal Courts Have Subject-Matter Jurisdiction over Criminal Prosecutions Against Foreign Sovereign...

The United States Supreme Court has rejected arguments made by Turkiye Halk Bankasi A.S. (“Halkbank”) that, as a majority state-owned bank and thus an agency or instrumentality of the Republic of Türkiye, it enjoys immunity...more

Jones Day

U.S. Supreme Court Rules That the FSIA Does Not Grant Foreign State-Owned Entities Immunity From Prosecution

Jones Day on

The Court held that the Foreign Sovereign Immunities Act ("FSIA") does not apply to criminal prosecutions, but left open the possibility that instrumentalities of foreign states may have common law immunity from prosecution....more

Dorsey & Whitney LLP

The Supreme Court Update - April 19, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued three decisions: MOAC Mall Holdings LLC v. Transform Holdco LLC, No. 21-1270: This bankruptcy case involved the interpretation of Bankruptcy Code § 363(m) and its...more

Seyfarth Shaw LLP

Halkbank v. United States: Initial Read on the Supreme Court’s Decision on Foreign State Immunity from Criminal Prosecution

Seyfarth Shaw LLP on

Yesterday, the Supreme Court issued its decision in Turkiye Halk Bankasi A.S., aka Halkbank v. United States. This groundbreaking case represents the first known attempt by the United States (or likely any state in modern...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Turkiye Halk Bankasi A.S., aka Halkbank v. United States

On April 19, 2023, the U.S. Supreme Court decided Turkiye Halk Bankasi A.S., aka Halkbank v. United States, holding that the district court has jurisdiction under 18 U.S.C. § 3231 over the prosecution of Halkbank and that the...more

Hogan Lovells

U.S. case may open new venue for investor-state disputes

Hogan Lovells on

On Jan. 17, a U.S. citizen brought a $110 million lawsuit in the U.S. District Court for the District of Columbia for damages caused by Curaçao and St. Maarten government actors. The basis for the suit, Ansary v. Central Bank...more

Seyfarth Shaw LLP

New York State Court Decision Provides Practice Guidance for Sovereigns and Landlords

Seyfarth Shaw LLP on

As we’ve previously written, complications arise for foreign sovereigns (States) and private companies when they structure commercial transactions. States prefer to hold as much of their immunities as is possible, while...more

Allen & Overy LLP

Supreme Court to rule on Foreign Sovereign Immunity in criminal law context

Allen & Overy LLP on

On January 17, 2023 the U.S. Supreme Court heard oral argument in Türkiye Halk Bankasi A.Ş. v. United States. The resolution of Halkbank (as the bank is known) invites a sophisticated analysis of foreign sovereign immunity....more

Foley Hoag LLP

Comity or Condemnation: Supreme Court to Decide Whether State-Owned Bank is Immune from Criminal Prosecution Under the Foreign...

Foley Hoag LLP on

The Supreme Court of the United States is set to determine whether the United States can prosecute a commercial bank, which is majority-owned by the Republic of Turkey, for allegedly violating U.S. law. In 2019, U.S. federal...more

Morrison & Foerster LLP

U.S. Supreme Court to Decide the Scope of Federal Courts’ Criminal Jurisdiction over Foreign Sovereign Defendants

Morrison & Foerster LLP on

On October 3, 2022, the United States Supreme Court granted certiorari in Turkiye Halk Bankasi A.S. v. United States, No. 21-1450 (“Halkbank”), to determine whether federal courts have subject-matter jurisdiction over...more

Seward & Kissel LLP

In Groundbreaking Decision, Second Circuit Harmonizes Service Requirements Under the Federal Arbitration Act, the New York...

Seward & Kissel LLP on

On October 3, 2022, in Commodities & Minerals Enterprise Ltd. v. CVG Ferrominera Orinoco, C. A., the Second Circuit Court of Appeals resolved a novel question of first impression in favor of petitioner Commodities & Minerals...more

Fuerst Ittleman David & Joseph

D.C. Circuit: U.C.C. Article 4A Does Not Govern Judgment Creditors’ Claims to Sanctioned Company’s Funds Held by Intermediary...

On August 16, 2022, the United States Court of Appeals for the D.C. Circuit issued its ruling in Estate of Jeremy Isadore Levine, et al. v. Wells Fargo Bank, N.A., No. 21-7036, –F.4th– (D.C. Circuit August 16, 2022), a case...more

Fox Rothschild LLP

Supreme Court Grants Win to Victims of Nazi Art Theft

Fox Rothschild LLP on

In a unanimous decision, the US Supreme Court has brought to a close an 83-year quest by the family of Jewish refugees from Nazi Germany to recover a stolen painting....more

Epstein Becker & Green

Supreme Court Decides Five Cases, Some of Which Lay Down Markers That Could Impact Future Decisions: SCOTUS Today

Epstein Becker & Green on

Auguring a flood of opinions in the remaining weeks of the term, the Supreme Court decided five cases today. Some of them offer support for the media/popular equation of a political party background with jurisprudential...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Cassirer et al. v. Thyssen-Bornemisza Collection Foundation

On April 21, 2022, the U.S. Supreme Court decided Cassirer et al. v. Thyssen-Bornemisza Collection Foundation, No. 20-1566, holding that federal courts hearing state-law claims under the Foreign Sovereign Immunities Act...more

Dorsey & Whitney LLP

The Supreme Court - April 21, 2022

Dorsey & Whitney LLP on

Boechler, P.C. v. Commissioner of Internal Revenue, No. 20-1472: This case involves the application of “equitable tolling” in tax “collection due process” cases. This case arose after the IRS sustained a proposed levy on the...more

Seyfarth Shaw LLP

Federal Court Addresses Central Bank Immunity and Authority to Waive Under Foreign Sovereign Immunities Act

Seyfarth Shaw LLP on

In recent weeks sanctions against Russia’s central bank have prompted renewed buzz around the issue of sovereign immunity. The interpretation of the Foreign Sovereign Immunities Act (“FSIA”), specifically with relation to...more

King & Spalding

Cassirer Argument: Ownership of Nazi-looted art to be determined by choice-of-law

King & Spalding on

A painting by Camille Pissarro hangs in a Spanish museum that the Nazis stole from a Jewish family in 1939. For fifteen years the parties have litigated who the rightful owner is: the museum or the family. The case may well...more

Sullivan & Worcester

Sullivan Files Supreme Court Amicus Brief with former State Department Legal Adviser in Nazi-looted Art Case

Sullivan & Worcester on

Today I am pleased to announce that I have filed a brief in the Supreme Court of the United States as counsel of record for amicus curiae Mark B. Feldman, former U.S. Department of State Acting Legal Adviser. We filed the...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Sovereign Immunity and Plausible Defamation

This week, the Ninth Circuit examines whether private companies can count as foreign sovereigns for purposes of immunity, and when broad statements can plausibly be read to refer to specific individuals under Washington State...more

Jones Day

Kumtor Gold Challenges the Practical Application of the Automatic Stay's Global Reach

Jones Day on

Although the automatic stay contained in section 362 of the Bankruptcy Code theoretically extends worldwide, enforcing it against international creditors, particularly sovereigns, can present practical problems in its...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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