News & Analysis as of

Foreign Sovereigns

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

Morgan Lewis

UK Sovereign Immunity from Direct Taxation

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Sovereign immunity is a principle of public international law whereby one sovereign state should not seek to apply its law to another sovereign state. Alongside the jurisdictional immunity foreign sovereigns enjoy in the...more

White & Case LLP

Sovereigns and the CSRD

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Contemplating sovereign entities and their relation to the Corporate Sustainability Reporting Directive ("CSRD") can seem like gazing at Escher’s labyrinth of staircases, crisscrossing endlessly without a final destination....more

Goodwin

Complicit Defendants Lose, Sovereign Agency Wins in Eternal Madoff Litigation

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Two recent decisions in the Madoff bankruptcy cases illustrate that the legacy of Bernie Madoff will long survive the man himself. Bernie Madoff died on April 14, 2021, while incarcerated in the Federal Medical Center in...more

Ballard Spahr LLP

Supreme Court Rules Halkbank is Not Immune from Prosecution Under FSIA

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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

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

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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

Seyfarth Shaw LLP

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

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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

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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

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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

A&O Shearman

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

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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

Oral Argument in Supreme Court Case Involving U.S. Prosecution of State-owned Entity Shows Justices May Remand to Have Lower Court...

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During oral argument in Turkiye Halk Bankasi A.S. v. United States, the Court raised several questions about whether a state-owned entity, Halkbank, was immune from U.S. criminal prosecution under the common law. The...more

Kramer Levin Naftalis & Frankel LLP

SEC Staff Provides Relief From Rule 15c2-11 Public Financial Statement Disclosure Through Jan. 5, 2025

On Sept. 16, 2020, the Securities and Exchange Commission (SEC) adopted amended Rule 15c2-11 (the Amended Rule) under the Securities Exchange Act of 1934, as amended (the Exchange Act). The Amended Rule, most of which became...more

Morrison & Foerster LLP

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

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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

Braumiller Law Group, PLLC

Hot Topics in International Trade - October 2022 - China’s Economic Cost of Invading Taiwan

China and Taiwan have been locked in a tussle for decades over who gets to call the island country home. China considers Taiwan a breakaway province, while Taiwan sees itself as a sovereign nation....more

Dechert LLP

In Conversation With: London Stock Exchange

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In the first issue of Dechert’s International Capital Markets Team’s “In Conversation With...” series, associates Amy Rees and Nick Quarrie sit down with Shrey Kohli, Director of Fixed Income and Funds at the London Stock...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

Sullivan & Worcester

Art Dealer and Holocaust Claimant Asks Supreme Court to Hear Dispute Over Poland’s Vendetta Against Him

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We were privileged to file today a petition for certiorari with the Supreme Court of the United States on behalf of our client, art dealer Alexander Khochinsky. The petition asks the Court for reinstatement of a lawsuit...more

Proskauer - Minding Your Business

Expanding FSIA to Criminal Cases Would Not Save a Turkish Bank from U.S. Prosecution, Holds the Second Circuit

The Second Circuit recently held that a denial of a motion to dismiss a criminal indictment based on the Foreign Sovereign Immunities Act (“FSIA”) is immediately appealable under the collateral-order doctrine but concluded...more

Jones Day

EU Court Limits EU and Schengen Nations' Ability to Enforce Interpol Red Notices

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The Situation: On May 12, 2021, the Court of Justice for the European Union ("CJEU") held that European Union ("EU") and Schengen Area member states cannot make an arrest pursuant to an Interpol Red Notice if the person to be...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

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