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Foreign Sovereign Immunities Act of 1976 (FSIA) Supreme Court of the United States Sovereign Immunity

Foley Hoag LLP

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

Foley Hoag LLP on

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

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

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

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

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

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

King & Spalding on

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

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Dorsey & Whitney LLP

The Supreme Court - May 01, 2017

Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases today: Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co., No. 15-423: Respondent companies brought suit in federal court against...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co.

On May 1, 2017, the Supreme Court decided Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., No. 15-423, holding that a federal court has jurisdiction over a lawsuit against a foreign sovereign...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: New Decision of the US Supreme Court Limits Suits Against Non-US Governmental Entities

The US Foreign Sovereign Immunities Act (“FSIA”) codifies the doctrine of sovereign immunity and generally prohibits lawsuits in US courts against non-US sovereigns. But the FSIA has an exception where, among other things, a...more

King & Spalding

Supreme Court Clarifies the Scope of Application of Commercial Activity Exception to Foreign Sovereign Immunity

King & Spalding on

On December 1, 2015, the United States Supreme Court issued its decision in OBB Personenverkehr AG v. Sachs a case presenting important questions concerning the types of commercial activities that may strip foreign states and...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides OBB Personenverkehr AG v. Sachs

On December 1, 2015, the Supreme Court of the United States decided OBB Personenverkehr AG v. Sachs, No. 13-1067, holding that the commercial-activity exception to the Foreign Sovereign Immunities Act did not apply to a...more

Dorsey & Whitney LLP

The Supreme Court: OBB Personenverkehr AG v. Sachs

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The Supreme Court of the United States announced the following decision today: OBB Personenverkehr AG v. Sachs, No. 13 1067: Respondent Carol Sachs, a California resident, purchased a Eurail Pass over the Internet...more

Morrison & Foerster LLP

Argentina Ruling Doesn't Address Non-FSIA Discovery Limits

In its latest decision interpreting the Foreign Sovereign Immunities Act (FSIA), the U.S. Supreme Court made clear that any claim of immunity by a foreign state must rise or fall based on the text of the FSIA. Because the...more

King & Spalding

U.S. Supreme Court Decisions Clarify Post-Judgment Remedies Against Foreign Sovereigns

King & Spalding on

On June 16, 2014, the U.S. Supreme Court issued two decisions in Republic of Argentina v. NML Capital, Ltd., one of the many cases to have arisen out of Argentina’s 2001 default on over $100 billion in sovereign bonds. While...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Republic of Argentina v. NML Capital, Ltd.

On June 16, 2014, the United States Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not prevent a judgment creditor from conducting postjudgment discovery into a foreign sovereign's assets outside the...more

Morrison & Foerster LLP

Supreme Court Holds that the FSIA Does Not Limit Post-Judgment Discovery

In its latest decision interpreting the Foreign Sovereign Immunities Act (FSIA), the Supreme Court made clear that any claim of immunity by a foreign state must rise or fall based on the text of the FSIA. Because the FSIA...more

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