Interlocutory Appeals and State Sponsors of Terrorism
In a decision only lawyers could love, the Second Circuit held on September 3, 2024, that it lacked appellate jurisdiction over an interlocutory appeal by the Republic of Sudan brought in a multidistrict litigation (MDL) arising out of the terrorist attacks of September 11, 2001. The key issue is when the state-sponsored terrorism exception to…
Continue ReadingSystemic Due Process and the Hague Judgments Convention
The State Department is exploring ratification of the Hague Judgments Convention (HJC) and Convention on Choice of Court Agreements (COCA). It has announced a meeting of the Advisory Committee on Private International Law for October 24-25 to discuss these conventions (as well as the Singapore Convention on mediation) and how they might be implemented. As…
Continue ReadingChoice of Law in Terrorism Cases Redux
On September 16, 2024, the U.S. District Court for the District of Columbia (Senior Judge Richard J. Leon) decided Messina v. Syrian Arab Republic. This case is the latest in a long series brought by victims of state-sponsored terrorism in the District of Columbia. In a pair of prior posts, I argued that the courts’…
Continue ReadingD.C. Circuit Remands Helms-Burton Case Against Cimex
Exxon (then Standard Oil) owned several subsidiaries in Cuba that were expropriated without compensation by the Cuban government in 1960. In 1996, Congress enacted the Cuban Liberty and Democratic Solidarity Act (CLDS), which permits suits by U.S. plaintiffs against those who traffic in property confiscated by the Cuban government. Exxon has sued Cuban state-owned companies…
Continue ReadingGovernor Newsom Signs Holocaust Art Bill
Yesterday, California Governor Gavin Newsom signed AB 2867 into law. The bill provides that California law applies in suits brought by a California resident involving the theft of art or other personal property during the Holocaust or other political persecutions. Assemblymember Jesse Gabriel introduced AB 2867 in response to the Ninth Circuit’s decision earlier this…
Continue ReadingReciprocity and the Hague Judgments Convention
In a prior post, I reported on recent developments that offer a basis for (cautious) optimism that the United States may soon take the necessary steps to ratify the Hague Judgments Convention (HJC). In this post, I explore how the issue of reciprocity might affect the ratification process. Reciprocity Reciprocity refers to the mutual recognition…
Continue ReadingNinth Circuit Denies Rehearing in Doe v. Cisco Systems
On September 3, 2024, the Ninth Circuit denied rehearing en banc in Doe v. Cisco Systems. The panel had held that Chinese practitioners of Falun Gong could sue Cisco, a U.S. company, for aiding and abetting human rights violations by building a surveillance system for the People’s Republic of China. Judge Patrick Bumatay (joined by…
Continue ReadingThe U.S. Takes the Fight Against Bribery to Foreign Officials—Take Two
Last December, Congress quietly enacted a landmark law—the Foreign Extortion Prevention Act (FEPA)—which threatens foreign officials with jail time if they solicit or take bribes from American companies, foreign companies listed on exchanges in the United States, or any person present in the United States. On July 30, 2024, Congress discreetly amended the statute… before…
Continue ReadingWestern Seizure of Russian Central Bank Assets Risks Sparking Global Pushback
As fighting between Russia and Ukraine continues to drag on, Kiev’s backers are taking steps to confiscate Russian central bank assets frozen in the West. Whether it is legislators advocating for such a move, governments exploring potential mechanisms or authorizing leaders to seize assets belonging to the Russian Federation, momentum is building. Doing so may…
Continue ReadingEighth Circuit Rejects Recovery of Attorney Fees under the CISG
Few questions on the interpretation of the CISG have been as contested on the international level as the potential recovery of attorney fees as damages for breach of contract. Courts in the United States have historically held that attorney fees are not recoverable under Article 74. That consensus was challenged last year when a federal…
Continue Reading