The D.C. Circuit’s Opinion in the Mystery Subpoena Case: Unresolved Personal...
The opinion, like the brief judgment previously released by the court, does not decide the important question of whether or not the Foreign Sovereign Immunities Act affords immunity to foreign states...
View ArticleDocument: Company Files Reply Brief Supporting Certiorari in Mueller Mystery...
On Wednesday, the unnamed foreign company seeking to quash a subpoena in connection with the special counsel investigation filed a reply brief with the Supreme Court supporting its petition for...
View ArticleAwarding Punitive Damages Against Foreign States Is Dangerous and...
Ordering punitive monetary damages against foreign states undermines the goals of both the Foreign Sovereign Immunities Act and the legal doctrine underlying it.
View ArticlePersonal Jurisdiction Over Foreign States and State-Owned Enterprises
Conventional wisdom and many lower court cases hold that foreign states are not entitled to constitutionally based personal jurisdiction protections in federal courts because they are not “persons”...
View ArticlePrivate Lawsuits Against Nation-States Are Not the Way to Deal With America’s...
As cyber threats during the coronavirus pandemic increase, Congress has considered allowing private lawsuits against foreign states for alleged unauthorized cyber activity. This response would create...
View ArticleWhat's in the Many Coronavirus-Related Lawsuits Against China?
Several individuals, small businesses and states have filed a total of at least 14 different suits against China (and affiliated entities and officials) based on its perceived culpability in causing...
View ArticleSenate Judiciary Committee Examines the Foreign Sovereign Immunities Act and...
The Senate Judiciary Committee held a hearing on “the Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability”—and the proceedings demonstrated that this corner of foreign...
View ArticleFISC Declassifies Opinion about Retention of Carter Page FISA Information
On Friday, the Office of the Director of National Intelligence (ODNI) released a declassified opinion by the Foreign Intelligence Surveillance Court (FISC) detailing limited circumstances under which...
View ArticleSaudi Crown Prince Facing Lawsuits in D.C.
A preliminary analysis of the legal questions likely to be raised in the lawsuits against the Saudi crown prince.
View ArticleSummary: Supreme Court Oral Argument in Hungary v. Simon
Can courts abstain from hearing suits against foreign sovereigns for reasons of international comity, even when the Foreign Sovereign Immunities Act (FSIA) has provided the court jurisdiction over the...
View ArticleSummary: Supreme Court Oral Argument in Federal Republic of Germany v. Philipp
Does the “expropriation exception” of the Foreign Sovereign Immunities Act (FSIA) afford U.S. courts jurisdiction to resolve claims brought by German citizens against the German government?
View ArticleRecent Supreme Court Rulings on the Foreign Sovereign Immunities Act
Two recent Supreme Court rulings could be consequential for the interpretation of the Foreign Sovereign Immunities Act.
View ArticleNinth Circuit Rejects NSO Group’s Motion to Dismiss WhatsApp Suit
On Monday, Nov. 8, the U.S. Court of Appeals for the Ninth Circuit denied a motion to dismiss a lawsuit against NSO Group Technologies, an Israeli company.
View ArticleDoes Foreign Sovereign Immunity Apply to Sanctions on Central Banks?
The relationship between foreign sovereign immunity and sanctions against central banks is important but often mischaracterized.
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