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ARTICLE · 23 AUGUST 2019

Back To The Future: Helms-Burton Versus The Blocking Statutes. Who Will Prevail?

Morrison Foerster
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Nearly a quarter century after its passage, the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 – commonly known as Helms-Burton, after its sponsors

GlobalGovernment, Public Sector

Nearly a quarter century after its passage, the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 – commonly known as Helms-Burton, after its sponsors – was expected to revive a significant number of old disputes and unleash a flood of fresh litigation against corporate giants around the world, after the Trump Administration refused to continue to waive a controversial provision of the law this spring. It’s been nearly four months since the provision took effect, however, and the expected wave of new lawsuits has been little more than a trickle, with less than a dozen lawsuits filed (five of them involving the same defendants) rehashing asset confiscation claims that stretch back more than half a century, although a number of other lawsuits have been threatened. In a new twist, these fresh cases may breathe new life into various anti-U.S. sanctions “blocking statutes” enacted (and largely shelved) decades ago.

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