United States: Sovereign Immunity: Public Sector Government

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SCOTUS On Personal Jurisdiction Over Foreign Sovereigns, Solicitor General Input, And Big Case Updates

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.

United States Commercial

SJ

Steptoe LLP

If The Shoe Doesn't Fit: Supreme Court Rejects "Minimum Contacts" For Personal Jurisdiction Under FSIA

The Supreme Court recently confirmed in a unanimous decision the requirements for personal jurisdiction over foreign states when parties seek to confirm international arbitration awards, but important questions remain.

United States Litigation

SM

Sheppard Mullin Richter & Hampton

US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act In Action To Enforce An Arbitration Award

In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an Indian company.

United States Litigation

MB

Mayer Brown

U.S. Supreme Court Holds That FSIA Does Not Require Plaintiffs To Prove Minimum Contacts To Establish Personal Jurisdiction Over A Foreign State Defendant

On June 5, 2025, the U.S. Supreme Court held in a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp...

Worldwide Litigation

W

WilmerHale

Importers Who Paid IEEPA Tariffs That Were Later Ruled Unlawful Seek Refunds

United States International

BC

Bryan Cave Leighton Paisner

More About Defining Parentheticals!!

United States Litigation

MH

Markowitz Herbold PC

U.S. Supreme Court Rules That Bankruptcy Code Provides Only Limited Abrogation Of Sovereign Immunity To Avoidance Actions

United States Insolvency

JD

Jones Day

In Newport News School Board V. Z.M. The Supreme Court Of Virginia Leaves No Doubt That Sovereign Immunity Is "Alive And Well" For School Boards Across The Commonwealth Of Virginia

United States Litigation

PC

Pender & Coward

SEC Regulation In A Non-Regulatory Environment

United States Litigation

PR

Proskauer Rose LLP

TCPA Claim Defense Bites The Dust

United States Media & IT

KM

Klein Moynihan Turco LLP

Twenty-Year Legal Battle Over Nazi-Looted Pissarro Painting Continues

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

New Helms-Burton Act Decisions

Worldwide Commercial

SJ

Steptoe LLP

Supreme Court Limits Trustee Avoidance Powers In U.S. v. Miller

United States Insolvency

NM

Nelson Mullins Riley & Scarborough LLP

Jaden Rashada's Claims Move Forward In Major NIL Litigation: Rashada v. Hathcock Et Al.

United States Criminal

DM

Duane Morris LLP

Trump's Plan B For Tariffs

United States International

BG

Braumiller Law Group, PLLC

ALERT: Key Tax Provisions Provided For In "One Big Beautiful Bill Act"

United States Employment

DP

Dilworth Paxson LLP

CTPAT: An Anchor For Weathering The Trade Storms

United States International

BG

Braumiller Law Group, PLLC

AMTL's AICP Files Second Case Against TSMC, Its Advanced Memory Amends Against SK Hynix

United States IP

RC

RPX Corporation

The Art Of The (UK) Deal

United States International

BG

Braumiller Law Group, PLLC

Check For NYC Reservations: Federal Court Of Australia Affirms India's Sovereign Immunity Against Recognition And Enforcement Of Non-ICSID Arbitral Award

Recently, the Full Court of the Federal Court of Australia (Full Court) held that a foreign State was immune from Australian proceedings seeking to enforce an investor-state arbitral award...

Worldwide Litigation

SJ

Steptoe LLP

Supreme Court Limits Ability Of Bankruptcy Trustees To Pursue Fraudulent Conveyances Against The Government

In an 8-1 ruling issued March 26, the U.S. Supreme Court reversed the Tenth Circuit and sided with the U.S. government in finding that sovereign immunity bars bankruptcy trustees...

United States Insolvency

TC

Thompson Coburn LLP

Year In Review And Developments To Watch In Foreign Sovereign Litigation In U.S. Courts

In 2024, U.S. courts issued consequential decisions in cases brought against foreign states and their agencies and instrumentalities under the Foreign Sovereign Immunities Act ("FSIA").

United States Litigation

W

WilmerHale

Reading The Tea Leaves: Supreme Court Dips Its Toe Into Brewing Federal Spending Fight

The early days of the Trump Administration have featured a wide range of actions related to federal spending.

United States Litigation

HK

Holland & Knight

Supreme Court Limits Suits Against Foreign States Under FSIA Expropriation Exception

United States Finance

AP

Arnold & Porter

US Supreme Court Clarifies Availability Of US Forum For Victims Of Foreign State Expropriation

United States Litigation

JB

Jenner & Block

Supreme Court Issues Narrow Reading Of The FSIA's Expropriation Exception In Republic Of Hungary v. Simon

United States Litigation

W

WilmerHale

Second Circuit Decision Opens The Door To Anti-Terrorism Act Suits Against Foreign States

United States Government

AP

Arnold & Porter

Supreme Court Hears Oral Argument In Hungary v. Simon—The Court's Anticipated Decision Could Clarify Important Aspects Of The FSIA's Expropriation Exception

United States Litigation

FH

Foley Hoag LLP

Expropriation Limitation: U.S. Supreme Court Appears Skeptical Of Jurisdiction Over Holocaust Seizure Claims

United States Litigation

SS

Seyfarth Shaw LLP

Sovereign Immunity And The New York Statute Of Limitations

United States Litigation

CW

Cadwalader, Wickersham & Taft LLP

Minimum Contacts – A New Hurdle In Sovereign Disputes

United States Litigation

SJ

Steptoe LLP

Second Circuit Denies Common-Law Sovereign Immunity For Foreign State-Owned Entities

United States Litigation

JD

Jones Day

Second Circuit Holds Common-Law Foreign Sovereign Immunity Does Not Save Halkbank From Criminal Prosecution

United States Litigation

FH

Foley Hoag LLP

Sovereign Immunity And The New York Statute Of Limitations

Patricia Reid (Defendant) obtained a mortgage from BAC Home Loans Servicing, L.P. (BAC) for certain real property located in Queens, New York.

United States Litigation

CW

Cadwalader, Wickersham & Taft LLP

Minimum Contacts – A New Hurdle In Sovereign Disputes

The First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.

United States Litigation

SJ

Steptoe LLP

Second Circuit Denies Common-Law Sovereign Immunity For Foreign State-Owned Entities

The court held that the Executive Branch's decision to criminally prosecute a foreign state-owned entity for commercial activity is entitled to deference and thus strips...

United States Litigation

JD

Jones Day

Second Circuit Holds Common-Law Foreign Sovereign Immunity Does Not Save Halkbank From Criminal Prosecution

On remand from the U.S. Supreme Court, the Second Circuit ruled that Halkbank, a commercial bank majority owned by Turkey...

United States Litigation

FH

Foley Hoag LLP

Enforcing Arbitral Awards Against Sovereigns In The United States: Recent DC Circuit Court Decision Limits A State's Defense Of Sovereign Immunity

Worldwide Litigation

ML

Milbank LLP

Managing Sovereign Immunity Risk On A Transaction – What Commercial Parties Need To Know

State involvement in commercial transactions continues to increase and remains an area of distinct legal risk for commercial parties.

Worldwide Litigation

MB

Mayer Brown

Irreparable Harm To The Irreparable Harm Standard

Courts have fundamentally distorted and mutated the irreparable harm standard for preliminary injunctions, especially in Administrative Procedures Act cases.

United States Government

EB

Eckland & Blando

Magistrate Judge Cave: Eleventh Amendment Sovereign Immunity Bars Enforcement Of Document Subpoena To NY Attorney General's Office

Last week, Magistrate Judge Cave ruled that the New York Attorney General's Office was protected from having to comply with a document subpoena under Eleventh Amendment sovereign immunity...

United States Litigation

SJ

Steptoe LLP

SCOTUS Grants Cert To Resolve Split On Sovereign Immunity For Fraudulent Conveyance Claims

This morning, the United States Supreme Court granted the U.S. government's certiorari petition in U.S. v. David L. Miller Order List (06/24/2024) (supremecourt.gov).

United States Insolvency

TC

Thompson Coburn LLP

Seventh Circuit Roundup: Collateral Order Doctrine Meets Church Autonomy Doctrine And Takings Meets State Sovereign Immunity (Podcast)

United States Litigation

BT

Barnes & Thornburg

Virginia Contractors Can Overcome Sovereign Immunity And Sue The State Government, Even Where The Remedy Is "Equitable" Relief Instead Of Damages

United States Government

VL

Venable LLP

Supreme Court Holds That Copyright Damages Have No Time Limit

United States IP

PR

Proskauer Rose LLP

Partner Maria Kostytska Authors The U.S. Chapter On Cross-Border Enforcement Of Judgments Against States

United States Litigation

WS

Winston & Strawn LLP

Court Holds That Acceptance Rule And Economic Loss Doctrine Did Not Bar Claim Brought By Real Estate Purchaser

United States Litigation

BT

Barnes & Thornburg

Devas v. Antrix: Ninth Circuit Requires Minimum Contacts For Personal Jurisdiction Over Foreign States

United States Litigation

AO

A&O Shearman

International Arbitration Update: Edition 18

Worldwide Litigation

MB

Mayer Brown

Year In Review — Highlights From 2023

United States Litigation

SJ

Steptoe LLP

Complicit Defendants Lose, Sovereign Agency Wins In Eternal Madoff Litigation

United States Insolvency

GP

Goodwin Procter LLP

The U.S. House Of Representatives Selected A New Speaker, The Honorable Mike Johnson. What Now?

United States Litigation

WB

Womble Bond Dickinson

U.S. Federal Court Allows Seizure Of Libyan Assets To Satisfy ICC Award In Investor-State Dispute

United States Litigation

BR

Brown Rudnick LLP

Build America Bond Update: Power Agencies Petition U.S. Supreme Court To Review Federal Circuit Sequestration Ruling

United States Litigation

KR

Kutak Rock LLP

Sovereign Immunity Available In Virginia Human Rights Act Cases

United States Litigation

ML

McGuireWoods LLP

Circuit Split Widens On Extent Of Abrogation Of Sovereign Immunity For Governmental Units In Bankruptcy Avoidance Litigation

United States Litigation

JD

Jones Day

Proskauer Defeats Motion To Dismiss Filed Against Immigrant Mother And Daughter Affected By Family Separation Policy

United States Immigration

PR

Proskauer Rose LLP

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