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Supreme Court Clarifies FSIA’s Expropriation Exception in Republic of Hungary v. Simon

Key Takeaways: The U.S. Supreme Court unanimously held that a party cannot establish the U.S. commercial nexus required to invoke the FSIA’s expropriation exception by alleging a foreign state expropriated property in...more

Supreme Court Hears Oral Argument in Hungary v. Simon—The Court’s Anticipated Decision Could Clarify Important Aspects of the...

On December 3, 2024, the U.S. Supreme Court heard oral argument in Hungary v. Simon. As discussed in a previous client alert, the case concerns whether the U.S. Court of Appeals for the D.C. Circuit correctly allowed...more

Second Circuit Holds Common-Law Foreign Sovereign Immunity Does Not Save Halkbank from Criminal Prosecution

On October 22, 2024, the U.S. Court of Appeals for the Second Circuit determined that common-law foreign sovereign immunity does not protect Halkbank, a commercial bank, majority-owned by Turkey, from criminal prosecution for...more

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

Comity or Condemnation: Supreme Court to Decide Whether State-Owned Bank is Immune from Criminal Prosecution Under the Foreign...

The Supreme Court of the United States is set to determine whether the United States can prosecute a commercial bank, which is majority-owned by the Republic of Turkey, for allegedly violating U.S. law. In 2019, U.S. federal...more

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