ArticleHouse Bill 311 – Seeking Limitations On Sovereign ImmunityHouse Bill 311, sponsored by Rep. Andy Welch (R-McDonough) and passed by both the House and the Senate, United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticlePetersen v. Argentina: Second Circuit Reversal Highlights Challenges In Sovereign SuitsFirst Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.United StatesLitigation, Mediation & ArbitrationSteptoe LLP
ArticleSupreme Court: FSIA's Expropriation Exception Applies Only To Sovereign's Taking Of Foreigner's PropertyOn February 3, 2021, the Court ruled unanimously that the expropriation exception applies only to a sovereign's taking of a foreign national's property, not to domestic takings. United StatesLitigation, Mediation & ArbitrationJones Day
ArticleSupreme Court Hears Oral Argument In Hungary v. Simon—The Court's Anticipated Decision Could Clarify Important Aspects Of The FSIA's Expropriation ExceptionOn 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...United StatesLitigation, Mediation & ArbitrationFoley Hoag LLP
ArticleDeclaration Of Sovereign Immunity: Navigating Side Letter ProvisionsWe have recently been fielding a number of questions from our lender clients on the application of certain investor side letter provisions on the collateral package...United StatesFinance and BankingHogan Lovells Cadwalader
ArticlePA Supreme Court Holds That Municipal Stormwater Charge Is A Tax, Not A FeeOn 30 April 2026, the Pennsylvania Supreme Court (the Court) issued its long-awaited decision in Borough of West Chester v. Pa. State System of Higher Education & West Chester University.United StatesGovernment, Public SectorK&L Gates
ArticleTreatment Of Sovereign Immunity Under The Laws Of Hong Kong And Mainland ChinaOn 1 January 2024, Foreign State Immunity Law of The People's Republic of China ("FSIL") came into effect, changing and clarifying the position of sovereign immunity under the laws of Hong Kong and mainland China.GlobalLitigation, Mediation & ArbitrationSeyfarth Shaw LLP
ArticleJoint Venture Did Not Engage in per se Illegal Price Fixing When it Set Prices for its Own Products.In Texaco, Inc. v. Dagher, decided on February 28, 2006, the Supreme Court unanimously held that an economically integrated joint venture may set a single price for its own products sold under the separate brand names of the venture’s members without thereby engaging in unlawful price fixing. United StatesAntitrust/Competition LawSutherland Asbill & Brennan LLP
ArticleSDNY District Court Rules Foreign Sovereigns Are Not Immune From Criminal Jurisdiction In U.S. CourtOn October 1, 2020, the SDNY District Court issued an important ruling in U.S. v. Halkbank, holding that foreign state-owned entities ("SOEs") can be subject to criminal jurisdiction United StatesCriminal LawCleary Gottlieb Steen & Hamilton LLP
ArticleGuam v. U.S. And CERCLA Claims In New JerseyThe recently concluded Supreme Court term was an exciting one for environmental lawyers, as the Court in Guam v. United States made a rare foray into interpreting the Comprehensive Environmental Response...United StatesEnvironmentRiker, Danzig, Scherer, Hyland & Perretti
ArticleD.C. Circuit Holds International Finance Corporation Immune From Suit In Lender Liability ActionThe plaintiffs in Jam asserted that the Tata Mundra power plant in Gujarat, India, caused substantial environmental harms. They sued not the plant's owner-operator but one of its lenders...United StatesFinance and BankingJones Day
ArticleSupreme Court Limits Suits Against Foreign States Under FSIA Expropriation ExceptionOne generally cannot sue a foreign state in a U.S. court because the Foreign Sovereign Immunities Act (FSIA) presumptively shields foreign states from suit. But the FSIA also sets out narrow exceptions to that presumptive.United StatesFinance and BankingArnold & Porter
ArticleSecond Circuit Decision Opens The Door To Anti-Terrorism Act Suits Against Foreign StatesOn February 4, 2025, the U.S. Court of Appeals for the Second Circuit effectively ruled that foreign states and their agencies and instrumentalities may be sued under the Anti-Terrorism Act (ATA)...United StatesGovernment, Public SectorArnold & Porter
ArticleSupreme Court Finds Bankruptcy Code Abrogates Tribal Sovereign ImmunityThe U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings.United StatesInsolvency/Bankruptcy/Re-StructuringSheppard
ArticleU.S. Supreme Court: Bankruptcy Code Abrogates Tribal Sovereign ImmunityOn June 15, 2023, the U.S. Supreme Court ruled that the Bankruptcy Code barred an Indian tribe's attempts to collect on a defaulted debt from a Chapter 13 debtor.United StatesInsolvency/Bankruptcy/Re-StructuringMcGuireWoods LLP
ArticleFederal Circuit Ruling Bars Involuntary Joinder Of State PatenteesGensetix sued Baylor College of Medicine for infringement of the patents-in-suit and requested that UT voluntarily join the suit as a co-plaintiff.United StatesIntellectual PropertyRopes & Gray LLP
ArticlePending Bills Threaten International ArbitrationA subcommittee of the Judiciary Committee of the US House of Representatives approved three bills on July 15, 2008, that would amend or restrict the Federal Arbitration Act. United StatesLitigation, Mediation & ArbitrationMayer Brown
ArticleQualified Immunity Reaffirmed: The Supreme Court's Message In Zorn v. LintonOn March 23, 2026, the U.S. Supreme Court issued a per curiam decision in Zorn v. Linton, 607 U.S. __ (2026), reversing the Second Circuit and reaffirming a foundational principle of qualified immunity jurisprudence...United StatesLitigation, Mediation & ArbitrationPender & Coward
ArticleRecent Developments in Antitrust and Competition LawOn June 23, 2004, President Bush signed a bill that substantially modifies individuals' and corporations' potential exposure for antitrust violations - increasing the maximum sanctions in certain circumstances and reducing penalties in others. United StatesLitigation, Mediation & ArbitrationWiggin and Dana LLP
ArticleThis Week At The Ninth: The Antiquities Act And Anti-SLAPPThis week, the Court considers the President's authority under the Antiquities Act to preclude logging on federal lands that another federal statute contemplated would generally be used as timberlands...United StatesLitigation, Mediation & ArbitrationMorrison Foerster