News & Analysis as of

Foreign Sovereign Immunities Act of 1976 (FSIA) China

McDermott Will & Emery

Paint It White: No Sovereign Immunity in Economic Espionage Case

The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of foreign sovereign immunity to a Chinese company accused of stealing trade secrets related to the production of proprietary metallurgy...more

A&O Shearman

From Absolute Immunity to Restrictive Immunity - The implication of the Foreign State Immunity Law on cross-border disputes in the...

A&O Shearman on

The long-standing practice to adopt the principle of absolute foreign state immunity by the People’s Republic of China (the PRC) and Hong Kong is coming to an end as the PRC’s Foreign State Immunity Law (the FSIL) is coming...more

McDermott Will & Emery

Absent Proof of Government Ownership on an EEA Sovereign Immunity Defense is All Black and White

The US Court of Appeals for the Ninth Circuit affirmed the district court’s denial of a motion to dismiss an indictment, charging four Chinese companies with violations of the criminal provisions of the Economic Espionage Act...more

BCLP

Chinese Government Sued in Multiple Class Actions by U.S. Citizens and Businesses

BCLP on

An initial wave of three class actions stemming from COVID-19 were filed against the Chinese government this past week. Each action claims the Chinese government is liable for injuries and damages in the United States caused...more

Orrick, Herrington & Sutcliffe LLP

Foreign Sovereign Immunity Act (FSIA) - The World in US Courts: Spring 2018

In re: Cathode Ray Tube (CRT) Antitrust Litigation, US District Court for the Northern District of California, February 1, 2018 The present opinion in this long-running and multi-defendant antitrust case concerns a motion...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

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