In Samantar v. Yousuf, the US Supreme Court held that foreign officials, when sued in their individual capacity, are subject to immunity under a similar, but different set of rules that govern lawsuits against foreign states....more
The Homeland and Cyber Threat Act (HACT) was introduced in the U.S. House on March 12, 2021. This bill would allow U.S. citizens to sue foreign governments, agents and officials and to collect monetary damages for personal...more
Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more
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
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
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