The New Cold War: Risk, Sanctions, Compliance Episode 25: “Can the U.S. Seize the Russian Central Bank’s Assets?”
Common Missteps When Suing the State of New Jersey and How to Prevent Them
The Supreme Court of the United States issued six decisions today: Ames v. Ohio Dept. of Youth Services, No. 23-1039: This case addresses whether majority-group plaintiffs are held to a heighted evidentiary standard in...more
I am proud to announce the publication in the Chapman Law Review of my article: “Turnabout is Foul Play: Sovereign Immunity and Cultural Property Claims”. As the article explains, the Roberts Court has contorted beyond...more
Jurisdiction: Louisiana Eastern District Court - Plaintiff Nolan J. LeBoeuf worked at the Avondale Shipyard in Westwego, La. for several years during the 1970s and 1980s. He also frequently visited coworkers on his days off...more
The threshold for challenging awards and their enforcement in the UK remains high, a key reason why London remains one of the busiest arbitration venues in the world and a key jurisdiction for the enforcement of arbitral...more
The Supreme Court recently issued an opinion, resolving a circuit split, narrowing the sovereign immunity exception by limiting a trustee’s ability to pursue avoidance actions against the government when such action invokes...more
English High Court determines that ratification of the New York Convention on the Recognition and Enforcement of Arbitral Awards does not constitute prior written agreement to waive sovereign immunity....more
On February 21, 2025, the Supreme Court issued its decision in Republic of Hungary v. Simon, holding that allegations of commingling of funds alone cannot satisfy the US commercial nexus requirement of the expropriation...more
In a landmark victory for the Republic of India, the Commercial Court has held that India did not waive its state immunity in relation to the enforcement of two bilateral investment treaty awards solely by reason of its...more
We have previously blogged about the Tenth Circuit’s decision in United States v. Miller, a case that concerns the relationship between section 544(b)(1) and section 106(a)(1) of the Bankruptcy Code. As we explained in our...more
The Bankruptcy Code provides chapter 7 trustees with significant powers to liquidate and collect estate assets and pursue litigation claims, such as fraudulent transfer claims against third parties, all to increase the...more
The United States Supreme Court may soon decide whether U.S. victims of terrorist attacks in Israel may sue the Palestinian Authority (“PA”) and the Palestine Liberation Organization (“PLO)” for damages in U.S. courts. In...more
Recently, in the case United States v. Miller, the U.S. Supreme Court held that the sovereign immunity waiver provision in the Bankruptcy Code is jurisdictional only and does not waive the federal government’s sovereign...more
On March 26, 2025, the United States Supreme Court decided United States v. Miller, No. 23-824, resolving a circuit split and holding that in an action brought under § 544(b) of the bankruptcy code, § 106(a)’s sovereign...more
In 2025, get ready for a whirlwind of updates across the state. From personal jurisdiction to discovery and beyond, some recent cases are shifting the landscape in New York. Read below to find out what happened and learn the...more
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
Last week, the Supreme Court issued a unanimous decision in Republic of Hungary v. Simon, a case concerning the scope of immunity under the Foreign Sovereign Immunities Act’s (FSIA) expropriation exception....more
As all eyes focus on peace talks and the future of the Russia/Ukraine conflict, Russia recently suffered another defeat in the long running Yukos saga, with the English Court of Appeal confirming that Russia could not invoke...more
On February 21, 2025, the U.S. Supreme Court decided Republic of Hungary v. Simon, holding that the commercial nexus requirement of the expropriation exception to the Federal Sovereign Immunities Act of 1976 (FISA) — which is...more
The Supreme Court’s January 27, 2025 decision denying the Republic of Argentina’s petition for a writ of certiorari in Argentina v. Attestor Master Value leaves unresolved a split between the federal circuit courts over what...more
U.S. Eleventh Circuit Court of Appeals - Isaac Indus v. PDVSA - personal jurisdiction, foreign sovereign immunity, breach of contract - USA v. Schwarzbaum - foreign bank accounts, IRS form FBAR, penalties, Excessive...more
Nearly one hundred (100) “[d]efendants brazenly profit from illegal gambling” in California, according to a legal complaint filed by seven (7) casino-owning Native American tribes in the Superior Court of California in...more
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
On December 3, 2024, the U.S. Supreme Court heard argument in Republic of Hungary v. Simon. The case involves Hungary’s theft of valuable items from Jewish families during the Holocaust. The plaintiffs sued the Republic of...more
[Written by: Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group] Several tribunals and courts were established at various periods of America’s history to resolve trade-related litigation, both at the trial and...more
AT A GLANCE - State involvement in commercial transactions continues to increase and remains an area of distinct legal risk for commercial parties. The nature of a state's role on any transaction may vary and its...more