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

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

D.C. Circuit Looks to Contract Terms to Determine Whether Breach Outside the United States Has “Direct Effect” Inside the United...

On July 16, 2024, the U.S. Court of Appeals for the D.C. Circuit dismissed the case Wye Oak Technology, Inc. v. Republic of Iraq and Ministry of Defense of the Republic of Iraq, for lack of subject matter jurisdiction because...more

Art Exhibitions Get Complicated: When an American Museum Borrows Art from Abroad, Can A Putative Owner Sue in U.S. Court to Claim...

As we walk through art museums, admiring the paintings, sculptures, and artifacts, we (sometimes) read the little cards that explain each piece and identify who donated or loaned it to the museum. We might not pay much...more

Supreme Court Rejects Use of Section 1782 Discovery for Private Arbitration

On June 13, 2022, the U.S. Supreme Court decided whether 28 U.S.C. § 1782 – a provision of U.S. law that allows a federal district court to compel a resident individual or company to provide discovery for use “in a proceeding...more

Supreme Court Set to Decide Whether Section 1782 Discovery Can Be Compelled in Foreign-Seated Arbitrations

Under 28 U.S.C. § 1782, a District Court may compel a resident individual or company to provide discovery for use “in a proceeding in a foreign or international tribunal.” There is presently a circuit court split over what...more

Supreme Court Issues Important Decision on Retroactive Effect of Amendment to Foreign Sovereign Immunities Act

A recent Supreme Court decision sets important precedent on the retroactive effect of legislation amending the law governing sovereign immunity in the United States. On May 18, 2020, the Supreme Court handed a victory to...more

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