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Foreign Sovereigns Sovereign Immunity

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

Goodwin

Complicit Defendants Lose, Sovereign Agency Wins in Eternal Madoff Litigation

Goodwin on

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

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

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

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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

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

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

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

Seyfarth Shaw LLP

Who Has Authority? Risks in Signing Contracts with Foreign Sovereigns

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Imagine your client, a real property owner, asks you to draft an enforceable agreement with the owner of the neighboring property. It seems relatively easy, right? Well, no, not if the neighboring property is owned by a...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2019 #2

PATENT CASE OF THE WEEK - Genetic Veterinary Sciences, Inc. v. LABOKLIN GMBH & Co. KG, Appeal No. 2018-2056 (Fed. Cir. Aug. 9, 2019) - Our case of the week features a foreign University sued for declaratory judgment...more

Knobbe Martens

Jurisdiction over Foreign Entities and Foreign Sovereigns

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GENETIC VETERINARY SCIENCES v. LABOKLIN GMBH & CO. KG - Before Wallach, Hughes, and Stoll. Appeal from the Eastern District of Virginia. Summary: (1) If a foreign entity is not subject to jurisdiction in any state’s...more

Sheppard Mullin Richter & Hampton LLP

Sovereign Wealth Funds – Preserving Sovereign Immunity

In order to minimize the risk of litigation arising from investments in the United States, sovereign wealth funds (“SWFs”) should take care to avoid inadvertent or unnecessary waiver of sovereign immunity–before they...more

Orrick, Herrington & Sutcliffe LLP

Foreign Sovereign Immunity Act (FSIA) - The World in U.S. Courts: Summer - Fall 2018

FSIA "Commercial Activity" Exception Applies to Transportation of Submarine Loaned to Australian National Museum at Nominal Cost - Anderson Trucking Service, Inc. v. Eagle Underwriting Group, Inc., US District Court for...more

BakerHostetler

Congress Overturns Presidential Veto on FSIA, Authorizing Suits Against Saudi Arabia for September 11

BakerHostetler on

The U.S. Congress overturned a veto by President Obama allowing families of the victims of September 11 to sue Saudi Arabia in U.S. courts. While the U.S. domestic politics will be debated elsewhere (like everything else this...more

Carlton Fields

D.C. Court Of Appeals Reverses Dismissal Against Czech Republic, Finding Jurisdiction Under New York Convention

Carlton Fields on

In a divided opinion, the U.S. Court of Appeals for the D.C. Circuit reversed a district court ruling that dismissed a case against the Czech Republic on jurisdictional grounds. The Appeals Court revived the case, finding the...more

Ballard Spahr LLP

Briefing completed in Ninth Circuit tribal lending case challenging CFPB authority

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Briefing has now been completed in CFPB v. Great Plains Lending, LLC, et al., the case before the U.S. Court of Appeals for the Ninth Circuit in which three tribally-affiliated payday lenders are challenging the CFPB’s...more

King & Spalding

Ninth Circuit Clarifies Scope of Commercial Activity Exception to Sovereign Immunity

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On December 6, 2013, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued its decision in Sachs v. Republic of Austria, a case presenting important questions concerning the types of commercial activities...more

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